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7 LONG TITLE
8 General Description:
9 This bill addresses charter school authorizers.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the entities that are eligible to authorize charter schools;
13 ▸ defines terms;
14 ▸ requires certain authorizers to adopt procedures for imposing a standard, guideline,
15 or policy;
16 ▸ requires certain authorizers to comply with the procedures;
17 ▸ provides when a standard, guideline, or policy is invalid; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53G-5-205, as last amended by Laws of Utah 2020, Chapter 408
26 ENACTS:
27 53G-5-308, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53G-5-205 is amended to read:
31 53G-5-205. Charter school authorizers -- Power and duties -- Charter application
32 minimum standard.
33 (1) The following entities are eligible to authorize charter schools:
34 (a) the State Charter School Board;
35 (b) a local school board; [
36 (c) a board of trustees of an institution in the state system of higher education as
37 described in Section 53B-1-102[
38 (d) a board of trustees of a private, nonprofit college or university in the state that is
39 accredited by the Northwest Commission on Colleges and Universities.
40 (2) A charter school authorizer shall:
41 (a) annually review and evaluate the performance of charter schools authorized by the
42 authorizer and hold a charter school accountable for the school's performance; and
43 (b) monitor charter schools authorized by the authorizer for compliance with federal
44 and state laws, rules, and regulations.
45 (3) A charter school authorizer may:
46 (a) authorize and promote the establishment of charter schools, subject to the
47 provisions in this part;
48 (b) make recommendations on legislation and rules pertaining to charter schools to the
49 Legislature and state board, respectively;
50 (c) make recommendations to the state board on the funding of charter schools;
51 (d) provide technical support to charter schools and persons seeking to establish charter
52 schools by:
53 (i) identifying and promoting successful charter school models;
54 (ii) facilitating the application and approval process for charter school authorization;
55 (iii) directing charter schools and persons seeking to establish charter schools to
56 sources of funding and support;
57 (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
58 supporting and strengthening proposals before an application for charter school authorization is
59 submitted to a charter school authorizer; or
60 (v) assisting charter schools to understand and carry out their charter obligations; or
61 (e) provide technical support, as requested, to another charter school authorizer relating
62 to charter schools.
63 (4) Within 60 days after an authorizer's approval of an application for a new charter
64 school, the state board may direct an authorizer to do the following if the authorizer or charter
65 school applicant failed to follow statutory or state board rule requirements made in accordance
66 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
67 (a) reconsider the authorizer's approval of an application for a new charter school; and
68 (b) correct deficiencies in the charter school application or authorizer's application
69 process as described in statute or state board rule, made in accordance with Title 63G, Chapter
70 3, Utah Administrative Rulemaking Act, before approving the new application.
71 (5) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
72 Rulemaking Act, make rules establishing minimum standards that a charter school authorizer is
73 required to apply when:
74 (a) evaluating a charter school application; or
75 (b) monitoring charter school compliance.
76 (6) The minimum standards described in Subsection (5) shall include:
77 (a) reasonable consequences for an authorizer that fails to comply with statute or state
78 board rule;
79 (b) a process for an authorizer to review:
80 (i) the skill and expertise of a proposed charter school's governing board; and
81 (ii) the functioning operation of the charter school governing board of an authorized
82 charter school;
83 (c) a process for an authorizer to review the financial viability of a proposed charter
84 school and of an authorized charter school;
85 (d) a process to evaluate:
86 (i) how well an authorizer's authorized charter school complies with the charter
87 school's charter agreement;
88 (ii) whether an authorizer's authorized charter school maintains reasonable academic
89 standards; and
90 (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
91 capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
92 Section 2. Section 53G-5-308 is enacted to read:
93 53G-5-308. Adoption of standards, guidelines, or policies.
94 (1) As used in this section:
95 (a) "Applicable charter school authorizer" means a charter school authorizer that is the
96 authorizer of more than 10 charter schools at the same time.
97 (b) "Standard, guideline, or policy" means a requirement or measurement of
98 performance imposed by an applicable charter school authorizer on two or more charter
99 schools authorized by the applicable charter school authorizer.
100 (2) (a) An applicable charter school authorizer shall adopt a procedure for the
101 imposition of a standard, guideline, or policy that is substantially similar to the rulemaking
102 procedure under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including
103 procedures for notice and receipt of public comment.
104 (b) An applicable charter school authorizer may not impose a standard, guideline, or
105 policy unless the applicable charter school authorizer follows the procedure adopted under
106 Subsection (2)(a).
107 (3) A standard, guideline, or policy imposed on or after July 1, 2023, by an applicable
108 charter school authorizer is not valid if the applicable charter school authorizer does not follow
109 the procedures adopted under Subsection (2)(a) in imposing the standard, guideline, or policy.