Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 168 (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for charter school buildings and grounds to be used as civic centers.

Every vote on this bill

Bill text

CIVIC CENTER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill provides for charter school buildings and grounds to be used as civic centers.
Highlighted Provisions:
This bill:
▸ provides for charter school buildings and grounds to be used as civic centers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1a-511
, as last amended by Laws of Utah 2012, Chapter 347
53A-3-413
, as last amended by Laws of Utah 2014, Chapter 73
53A-3-414
, as last amended by Laws of Utah 2008, Chapter 199
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1a-511
 is amended to read:
53A-1a-511.
Waivers from state board rules -- Application of statutes and rules
to charter schools.
(1) A charter school shall operate in accordance with its charter and is subject to Title
53A, State System of Public Education, and other state laws applicable to public schools,
except as otherwise provided in this part.
(2) (a) A charter school or any other public school or school district may apply to the
State Board of Education for a waiver of any state board rule that inhibits or hinders the school
or the school district from accomplishing its mission or educational goals set out in its strategic
plan or 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 or
federal law; or
(ii) the waiver would threaten the health, safety, or welfare of students in the district or
at the school.
(c) If the State Board of Education denies the waiver, the reason for the denial shall be
provided in writing to the waiver applicant.
(3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
governing the 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 how
state appropriations may be spent.
(4) The following provisions of Title 53A, State System of Public Education, and rules
adopted 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 school
community council and school improvement plan;
[
(b) Sections 
53A-3-413
 and 
53A-3-414
, pertaining to the use of school buildings as
civic centers;
]
[
(c)
] 
(b)
 Section 
53A-3-420
, requiring the use of activity disclosure statements;
[
(d)
] 
(c)
 Section 
53A-12-207
, requiring notification of intent to dispose of textbooks;
[
(e)
] 
(d)
 Section 
53A-13-107
, requiring annual presentations on adoption;
[
(f)
] 
(e)
 Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
districts and local school boards; and
[
(g)
] 
(f)
 Section 
53A-14-107
, requiring an independent evaluation of instructional
materials.
(5) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school shall 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, study
existing state law and administrative rules for the purpose of determining from which laws and
rules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption to
the State Board of Education for consideration.
(ii) The State Board of Education shall consider the recommendations of the State
Charter School Board and respond within 60 days.
Section 2. Section 
53A-3-413
 is amended to read:
53A-3-413.
Use of public school buildings and grounds as civic centers.
(1) As used in this section, "civic center" means a public school building or ground
,
including a charter school building or ground,
 that is established and maintained as a limited
public forum [
to district residents
] for supervised recreational activities and meetings.
(2) Except as provided in Subsection (3), all public school buildings and grounds shall
be civic centers.
(3) The use of school property [
for
] 
as
 a civic center [
purpose
]:
(a) may not interfere with a school function or purpose; and
(b) is considered a permit for governmental immunity purposes for a governmental
entity under Subsection 
63G-7-301
(5)(c).
(4) The organizer of an event may not use a civic center unless the organizer resides
within the geographic boundaries of the school district in which the civic center is located.
Section 3. Section 
53A-3-414
 is amended to read:
53A-3-414.
Local school boards' and charter school governing boards'
responsibility for school buildings and grounds when used as civic centers.
(1) As used in this section, "civic center" [
has the same meaning as provided
] 
means
the same as that term is defined
 in Section 
53A-3-413
.
(2) A local school board 
or charter school governing board
:
(a) shall manage, direct, and control civic centers under this chapter;
(b) shall adopt policies for the use of civic centers;
(c) may charge a reasonable fee for the use of [
school facilities as
] a civic center so that
the 
school
 district 
or charter school
 incurs no expense for that use;
(d) may appoint a special functions officer under Section 
53-13-105
 to have charge of
the grounds and protect school property when used for civic center purposes;
(e) shall allow the use of a civic center, for other than school purposes, unless it
determines that the use interferes with a school function or purpose; and
(f) shall ensure that school administrators are trained about and properly implement the
provisions of this section and Section 
53A-3-413
.