Senator Lincoln Fillmore proposes the following substitute bill:


1     
CHARTER SCHOOL AUTHORIZERS MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Susan Pulsipher

6     

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
28     

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; [or]
36          (c) a board of trustees of an institution in the state system of higher education as
37     described in Section 53B-1-102[.]; or
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.