53A-1a-521 - Authorization of a charter school by a board of trustees of a higher education institution.
53A-1a-521. Authorization of a charter school by a board of trustees of a highereducation institution.
(1) Subject to the approval of the State Board of Education and except as provided inSubsection (7), an individual or entity identified in Section 53A-1a-504 may enter into anagreement with a board of trustees of a higher education institution to establish and operate acharter school.
(2) (a) An individual or entity identified in Section 53A-1a-504 applying forauthorization from a board of trustees of a higher education institution to establish and operate acharter school shall provide a copy of the application to the State Charter School Board and thelocal school board of the school district in which the proposed charter school shall be locatedeither before or at the same time it files its application with the board of trustees.
(b) The State Charter School Board and the local school board may review theapplication and may offer suggestions or recommendations to the applicant or the board oftrustees of a higher education institution prior to its acting on the application.
(c) The board of trustees of a higher education institution shall give due consideration tosuggestions or recommendations made by the State Charter School Board or the local schoolboard under Subsection (2)(b).
(3) (a) If a board of trustees of a higher education institution approves an application toestablish and operate a charter school, the board of trustees shall submit the application to theState Board of Education.
(b) The State Board of Education shall, by majority vote, within 60 days of receipt of theapplication approve or deny an application approved by a board of trustees of a higher educationinstitution.
(c) The State Board of Education's action under Subsection (3)(b) is final action subjectto judicial review.
(4) The State Board of Education shall make a rule providing a timeline for the openingof a charter school following the approval of a charter school application by a board of trustees ofa higher education institution.
(5) (a) After approval of a charter school application, the applicant and the board oftrustees of a higher education institution shall set forth the terms and conditions for the operationof the charter school in a written contractual agreement.
(b) The agreement is the school's charter.
(c) (i) The school's charter may include a provision that the charter school pay an annualfee for the board of trustees' costs in providing oversight of, and technical support to, the charterschool in accordance with Subsection (6).
(ii) An annual fee described in Subsection (5)(c)(i):
(A) may not exceed the product of:
(I) 1% of the value of the weighted pupil unit as established in statute for the currentfiscal year; and
(II) the October 1 enrollment count of the charter school for the current fiscal year;
(B) shall be paid to the board of trustees' higher education institution; and
(C) shall be expended as directed by the board of trustees.
(6) A board of trustees of a higher education institution shall:
(a) annually review and evaluate the performance of charter schools authorized by theboard of trustees and hold the schools accountable for their performance;
(b) monitor charter schools authorized by the board of trustees for compliance withfederal and state laws, rules, and regulations; and
(c) provide technical support to charter schools authorized by the board of trustees toassist them in understanding and performing their charter obligations.
(7) (a) In addition to complying with the requirements of this section, a campus board ofdirectors of a college campus within the Utah College of Applied Technology shall obtain theapproval of the Utah College of Applied Technology Board of Trustees before entering into anagreement to establish and operate a charter school.
(b) The Utah College of Applied Technology Board of Trustees shall establish a policyfor granting approval to a campus board of directors to enter into an agreement to establish andoperate a charter school.
Enacted by Chapter 353, 2010 General Session