53A-1a-511 - Waivers from state board rules -- Application of statutes and rules to charter schools.
53A-1a-511. Waivers from state board rules -- Application of statutes and rules tocharter schools.
(1) A charter school shall operate in accordance with its charter and is subject to Title53A, State System of Public Education, and other state laws applicable to public schools, exceptas otherwise provided in this part.
(2) (a) A charter school or any other public school or school district may apply to theState Board of Education for a waiver of any state board rule that inhibits or hinders the school orthe school district from accomplishing its mission or educational goals set out in its strategic planor charter.
(b) The state board may grant the waiver, unless:
(i) the waiver would cause the school district or the school to be in violation of state orfederal law; or
(ii) the waiver would threaten the health, safety, or welfare of students in the district or atthe school.
(c) If the State Board of Education denies the waiver, the reason for the denial shall beprovided in writing to the waiver applicant.
(3) (a) Except as provided in Subsection (3)(b), State Board of Education rules governingthe following do not apply to a charter school:
(i) school libraries;
(ii) required school administrative and supervisory services; and
(iii) required expenditures for instructional supplies.
(b) A charter school shall comply with rules implementing statutes that prescribe howstate appropriations may be spent.
(4) The following provisions of Title 53A, State System of Public Education, and rulesadopted under those provisions, do not apply to a charter school:
(a) Sections 53A-1a-108 and 53A-1a-108.5, requiring the establishment of a schoolcommunity council and school improvement plan;
(b) Sections 53A-3-413 and 53A-3-414, pertaining to the use of school buildings as civiccenters;
(c) Section 53A-3-420, requiring the use of activity disclosure statements;
(d) Section 53A-12-207, requiring notification of intent to dispose of textbooks;
(e) Section 53A-13-107, requiring annual presentations on adoption;
(f) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of schooldistricts and local school boards; and
(g) Section 53A-14-107, requiring an independent evaluation of instructional materials.
(5) For the purposes of Title 63G, Chapter 6, Utah Procurement Code, a charter schoolshall be considered a local public procurement unit.
(6) Each charter school shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(7) (a) The State Charter School Board shall, in concert with the charter schools, studyexisting state law and administrative rules for the purpose of determining from which laws andrules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption tothe State Board of Education for consideration.
(ii) The State Board of Education shall consider the recommendations of the StateCharter School Board and respond within 60 days.
Amended by Chapter 382, 2008 General Session