Chief Sponsor: Derrin R. Owens

House Sponsor: Scott H. Chew


8     General Description:
9          This bill makes changes to licensing requirements for directors of special education at
10     charter schools.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a director of special education at a charter school to hold an appropriate
14     license issued by the State Board of Education.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53G-5-407, 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-5-407 is amended to read:
25          53G-5-407. Employees of charter schools.
26          (1) A charter school shall select its own employees.
27          (2) The charter school governing board shall determine the level of compensation and

28     all terms and conditions of employment, except as otherwise provided in Subsections (7) and
29     (8) and under this chapter and other related provisions.
30          (3) The following statutes governing public employees and officers do not apply to a
31     charter school:
32          (a) Chapter 11, Part 5, School District and Utah Schools for the Deaf and the Blind
33     Employee Requirements; and
34          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
35          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
36     school, under rules adopted by the state board, shall employ teachers who are licensed.
37          (b) The charter school governing board shall disclose the qualifications of its teachers
38     to the parents of its students.
39          (5) (a) [State] Except as provided in Subsection (5)(b), state board rules governing the
40     licensing or certification of administrative and supervisory personnel do not apply to charter
41     schools.
42          (b) A director of special education in a charter school shall hold an appropriate license
43     issued by the state board under Title 53E, Chapter 6, Education Professional Licensure.
44          (6) (a) An employee of a school district may request a leave of absence in order to
45     work in a charter school upon approval of the local school board.
46          (b) While on leave, the employee may retain seniority accrued in the school district and
47     may continue to be covered by the benefit program of the district if the charter school and the
48     local school board mutually agree.
49          (7) (a) A proposed or authorized charter school may elect to participate as an employer
50     for retirement programs under:
51          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
52          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
53          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
54          (b) An election under this Subsection (7):
55          (i) shall be documented by a resolution adopted by the charter school governing board;
56     and
57          (ii) applies to the charter school as the employer and to all employees of the charter
58     school.

59          (c) The charter school governing board may offer employee benefit plans for its
60     employees:
61          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
62     or
63          (ii) under any other program.
64          (8) A charter school may not revoke an election to participate made under Subsection
65     (7).
66          (9) The charter school governing board shall ensure that, prior to the beginning of each
67     school year:
68          (a) each of the charter school's employees signs a document acknowledging that the
69     employee:
70          (i) has received:
71          (A) the disclosure required under Section 63A-4-204.5 if the charter school participates
72     in the Risk Management Fund; or
73          (B) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
74     the charter school does not participate in the Risk Management Fund; and
75          (ii) understands the legal liability protection provided to the employee and what is not
76     covered, as explained in the disclosure; and
77          (b) (i) at least one of the charter school's employees or another person is assigned
78     human resource management duties, as defined in Section 17B-1-805; and
79          (ii) the assigned employee or person described in Subsection (9)(b)(i) receives human
80     resource management training, as defined in Section 17B-1-805.