Utah S.B. 204: Charter School Application Amendments

Bill Text

S
.B
. 204
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Shewan 6
6 02-27-20 12:44 PM 6
S.B. 204
1 CHARTER SCHOOL APPLICATION AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kirk A. Cullimore
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to charter school applications and creates an appeal
10 process for applications denied by the State Charter School Board.
11 Highlighted Provisions:
12 This bill:
13 < requires charter school authorizers to:
14 C make criteria for reviewing charter school applications publically available;
15 C provide applicants to establish a charter school with a report of application
16 deficiencies; and
17 C provide applicants an opportunity to correct deficiencies;
18 < requires the State Charter School Board to, if an application to establish a charter
19 school is denied:
20 C notify the applicant of the denial in writing; and
21 C provide the applicant with specific reasons for the denial in writing; and
22 < creates a process for an applicant to appeal a denial of an application to the State
23 Board of Education.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
*SB0204*

S.B. 204 02-27-20 12:44 PM
- 2 -
28 Utah Code Sections Affected:
29 AMENDS:
30 53G-5-205, as last amended by Laws of Utah 2019, Chapter 293
31 53G-5-302, as last amended by Laws of Utah 2019, Chapter 293
32 53G-5-304, as last amended by Laws of Utah 2019, Chapter 293
33 53G-5-305, as last amended by Laws of Utah 2019, Chapter 293
34 53G-5-306, as last amended by Laws of Utah 2019, Chapter 293
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53G-5-205 is amended to read:
38 53G-5-205. Charter school authorizers -- Power and duties -- Charter application
39 minimum standard.
40 (1) The following entities are eligible to authorize charter schools:
41 (a) the State Charter School Board;
42 (b) a local school board; or
43 (c) a board of trustees of an institution in the state system of higher education as
44 described in Section 53B-1-102.
45 (2) A charter school authorizer shall:
46 (a) annually review and evaluate the performance of charter schools authorized by the
47 authorizer and hold a charter school accountable for the school's performance; [and]
48 (b) monitor charter schools authorized by the authorizer for compliance with federal
49 and state laws, rules, and regulations[.];
50 (c) establish, and make publically available, criteria for reviewing and evaluating an
51 application to establish a charter school;
52 (d) provide to an applicant a written report of deficiencies in an application reviewed
53 by the authorizer, that specifies criteria described in Subsection (2)(c) that the application does
54 not meet;
55 (e) provide to an applicant copies of internal documents used by the authorizer to
56 review and evaluate the application; and
57 (f) provide an opportunity for an applicant to correct deficiencies identified in the
58 report described in Subsection (2)(d) before the applicant submits a final application to

02-27-20 12:44 PM S.B. 204
- 3 -
59 establish a charter school to the authorizer.
60 (3) A charter school authorizer may:
61 (a) authorize and promote the establishment of charter schools, subject to the
62 provisions in this part;
63 (b) make recommendations on legislation and rules pertaining to charter schools to the
64 Legislature and state board, respectively;
65 (c) make recommendations to the state board on the funding of charter schools;
66 (d) provide technical support to charter schools and persons seeking to establish charter
67 schools by:
68 (i) identifying and promoting successful charter school models;
69 (ii) facilitating the application and approval process for charter school authorization;
70 (iii) directing charter schools and persons seeking to establish charter schools to
71 sources of funding and support; or
72 [(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
73 supporting and strengthening proposals before an application for charter school authorization is
74 submitted to a charter school authorizer; or]
75 [(v)] (iv) assisting charter schools to understand and carry out their charter obligations;
76 or
77 (e) provide technical support, as requested, to another charter school authorizer relating
78 to charter schools.
79 (4) Within 60 days after an authorizer's approval of an application for a new charter
80 school, the state board may direct an authorizer to do the following if the authorizer or charter
81 school applicant failed to follow statutory or state board rule requirements:
82 (a) reconsider the authorizer's approval of an application for a new charter school; and
83 (b) correct deficiencies in the charter school application or authorizer's application
84 process as described in statute or state board rule before approving the new application.
85 (5) The state board shall m