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8 LONG TITLE
9 General Description:
10 This bill makes changes to requirements for charter school governing board members.
11 Highlighted Provisions:
12 This bill:
13 ▸ establishes:
14 • a minimum number of governing board members for a charter school governing
15 board; and
16 • training requirements for charter school governing board members;
17 ▸ requires a charter school governing board to publish certain information about
18 governing board members on the charter school's website;
19 ▸ permits a charter school to compensate governing board members for:
20 • per diem and travel expenses related to required training; and
21 • attending charter school governing board meetings;
22 ▸ requires the State Board of Education to:
23 • provide training and an assessment to charter school governing board members
24 that leads to certification; and
25 • distribute a stipend to certified governing board members for completing
26 required training;
27 ▸ defines terms; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
30 This bill appropriates:
31 ▸ to the State Board of Education -- Contracted Initiatives and Grants, as an ongoing
32 appropriation:
33 • from the Education Fund, $300,000.
34 ▸ to the State Board of Education -- Contracted Initiatives and Grants, as a one-time
35 appropriation:
36 • from the Education Fund, One-time, $350,000.
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 53G-5-303, as last amended by Laws of Utah 2019, Chapter 293
42 ENACTS:
43 53G-5-414, Utah Code Annotated 1953
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45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 53G-5-303 is amended to read:
47 53G-5-303. Charter agreement -- Content -- Modification.
48 (1) As used in this section, "satellite charter school" means a charter school affiliated
49 with an operating charter school, which has the same charter school governing board and a
50 similar program of instruction, but has a different school number than the affiliated charter.
51 (2) A charter agreement:
52 (a) is a contract between the charter school applicant and the charter school authorizer;
53 (b) shall describe the rights and responsibilities of each party; and
54 (c) shall allow for the operation of the applicant's proposed charter school.
55 (3) A charter agreement shall include:
56 (a) the name of:
57 (i) the charter school; and
58 (ii) the charter school applicant;
59 (b) the mission statement and purpose of the charter school;
60 (c) the charter school's opening date;
61 (d) the grade levels the charter school will serve;
62 (e) (i) subject to Section 53G-6-504, the maximum number of students a charter school
63 will serve; or
64 (ii) for an operating charter school with satellite charter schools, the maximum number
65 of students of all satellite charter schools collectively served by the operating charter school;
66 (f) a description of the structure of the charter school governing board, including:
67 (i) the number of charter school governing board members, which may not be fewer
68 than five;
69 (ii) how members of the charter school governing board are appointed; and
70 (iii) charter school governing board members' terms of office;
71 (g) assurances that:
72 (i) the charter school governing board will comply with:
73 (A) the charter school's bylaws;
74 (B) the charter school's articles of incorporation; and
75 (C) applicable federal law, state law, and state board rules;
76 (ii) the charter school governing board will meet all reporting requirements described
77 in Section 53G-5-404; and
78 (iii) except as provided in Part 6, Charter School Credit Enhancement Program, neither
79 the authorizer nor the state, including an agency of the state, is liable for the debts or financial
80 obligations of the charter school or a person who operates the charter school;
81 (h) which administrative rules the state board will waive for the charter school;
82 (i) minimum financial standards for operating the charter school;
83 (j) minimum standards for student achievement; and
84 (k) signatures of the charter school authorizer and the charter school governing board
85 members.
86 (4) (a) Except as provided in Subsection (4)(b), a charter agreement may not be
87 modified except by mutual agreement between the charter school authorizer and the charter
88 school governing board.
89 (b) A charter school governing board may modify the charter school's charter
90 agreement without the mutual agreement described in Subsection (4)(a) to include an
91 enrollment preference described in Subsection 53G-6-502(4)(g).
92 Section 2. Section 53G-5-414 is enacted to read:
93 53G-5-414. Charter school governing board -- Training -- Compensation.
94 (1) As used in this section:
95 (a) "Certified member" means a governing board member that successfully completes
96 the training and assessment required in this section as described in Subsection (4).
97 (b) "Charter school authorizer" or "authorizer" means an entity listed in Section
98 53G-5-205 that authorizes a charter school.
99 (c) "Governing board member" means a member of a charter school governing board.
100 (d) "New member" means a governing board member who did not serve on a charter
101 school governing board in the year immediately preceding the governing board member's
102 appointment.
103 (2) By January 1, 2023, the state board shall contract with a provider, through a request
104 for proposals process, to:
105 (a) develop and deliver training for governing board members, including training on:
106 (i) conducting a public meeting in accordance with:
107 (A) Title 52, Chapter 4, Open and Public Meetings Act;
108 (B) Section 53G-5-413; and
109 (C) other applicable state law or rule;
110 (ii) administering a charter school;
111 (iii) the charter school governing board's financial duties and fiduciary duties;
112 (iv) workplace harassment; and
113 (v) sexual harassment;
114 (b) develop an assessment for governing board members that measures the governing
115 board member's proficiency in the subjects addressed in the training described in Subsection
116 (2)(a); and
117 (c) develop and deliver supplementary training for a governing board member who
118 does not demonstrate the proficiency described in Subsection (2)(b).
119 (3) An authorizer shall:
120 (a) oversee the provider's delivery of the training described in Subsections (2)(a) and
121 (2)(c);
122 (b) administer the assessment described in Subsection (2)(b), to governing board
123 members;
124 (c) ensure governing board members from the authorizer's charter schools complete the
125 training and assessment described in Subsection (4);
126 (d) submit a report to the state board of the progress and status of each governing board
127 member's training and certification; and
128 (e) submit a request to the state board for the stipend described in Subsection (7),
129 within 30 days of the date on which a governing board member first successfully completes the
130 training and assessment described in Subsection (4).
131 (4) (a) A governing board member shall, every three years:
132 (i) complete the training described in Subsection (2)(a);
133 (ii) complete the assessment described in Subsection (2)(b); and
134 (iii) if the governing board member does not demonstrate the proficiency described in
135 Subsection (2)(b), complete the supplementary training described in Subsection (2)(c).
136 (b) A new member shall complete the training and assessment described in Subsection
137 (4)(a) within six months of the new member's appointment to a charter school governing board.
138 (c) Notwithstanding Subsection (4)(b), a governing board member who is a governing
139 board member on January 1, 2023, shall complete the training and assessment described in
140 Subsection (4)(a) by July 1, 2023.
141 (5) A charter school governing board shall publish on a charter school's website each
142 governing board member's name and position on the charter school governing board.
143 (6) If directly related to completing the training and assessment described in
144 Subsection (4), a charter school may provide to a governing board member per diem and travel
145 expenses up to the rates described in and in accordance with:
146 (a) Section 63A-3-106;
147 (b) Section 63A-3-107; and
148 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
149 63A-3-107.
150 (7) Subject to legislative appropriations, the state board shall provide a $500 stipend to
151 a charter school on behalf of a certified member the first time the certified member successfully
152 completes the training and assessment described in Subsection (4).
153 (8) A charter school may provide a stipend to a certified member for each day on which
154 the certified member attends a charter school governing board meeting, up to the salary
155 recommendation described in Subsection 36-2-3(1)(b)(i).
156 Section 3. Appropriation.
157 The following sums of money are appropriated for the fiscal year beginning July 1,
158 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
159 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
160 Act, the Legislature appropriates the following sums of money from the funds or accounts
161 indicated for the use and support of the government of the state of Utah.
162 ITEM 1
163 To the State Board of Education -- Contracted Initiatives and Grants
164 From Education Fund
$300,000
165 From Education Fund, One-time
$350,000
166 Schedule of Programs:
167 Charter Board Member Certification $650,000
168 The Legislature intends that, in fiscal year 2023, the State Board of Education use the
169 appropriation under this item to:
170 (1) contract with a provider as described in Subsection 53G-5-414(2), to provide
171 training and an assessment; and
172 (2) provide funds to charter schools on behalf of a certified charter school governing
173 board member who successfully completes training and assessment for the first time as
174 described in Subsection 53G-5-414(7).