Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 125 (2017GS)

Sponsor

Sen. Stephenson, H.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions related to charter school enrollment preferences;
• amends provisions related to the modification of a charter agreement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AUTHORIZATION TO MODIFY CHARTER SCHOOL
CHARTER AGREEMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Howard A. Stephenson
House Sponsor: 
John Knotwell
LONG TITLE
General Description:
This bill amends provisions related to charter school enrollment preferences.
Highlighted Provisions:
This bill:
▸ amends provisions related to charter school enrollment preferences;
▸ amends provisions related to the modification of a charter agreement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1a-506
, as last amended by Laws of Utah 2014, Chapters 291, 363, and 406
53A-1a-508
, as last amended by Laws of Utah 2015, Chapter 258
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1a-506
 is amended to read:
53A-1a-506.
Eligible students.
(1) As used in this section:
(a) "At capacity" means operating above the school's open enrollment threshold.
[
(a)
] 
(b)
 "District school" means a public school under the control of a local school
board elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local
School Boards.
(c) "Open enrollment threshold" means the same as that term is defined in Section
53A-2-206.5.
[
(b)
] 
(d)
 "Refugee" means a person who is eligible to receive benefits and services
from the federal Office of Refugee Resettlement.
(e) "School of residence" means the same as that term is defined in Section
53A-2-206.5
.
(2) All resident students of the state qualify for admission to a charter school, subject
to the limitations set forth in this section and Section 
53A-1a-506.5
.
(3) (a) A charter school shall enroll an eligible student who submits a timely
application, unless the number of applications exceeds the capacity of a program, class, grade
level, or the charter school.
(b) If the number of applications exceeds the capacity of a program, class, grade level,
or the charter school, 
the charter school shall select
 students [
shall be selected
] on a random
basis, except as provided in Subsections (4) through (8).
(4) A charter school may give an enrollment preference to:
(a) a child or grandchild of an individual who has actively participated in the
development of the charter school;
(b) a child or grandchild of a member of the charter school governing board;
(c) a sibling of a student presently enrolled in the charter school;
(d) a child of an employee of the charter school;
(e) [
students
] 
a student
 articulating between charter schools offering similar programs
that are governed by the same 
charter school
 governing board;
(f) [
students
] 
a student
 articulating from one charter school to another pursuant to an
articulation agreement between the charter schools that is approved by the State Charter School
Board; or
[
(g) students who reside within:
]
[
(i) the school district in which the charter school is located;
]
[
(ii) the municipality in which the charter school is located; or
]
[
(iii) a two-mile radius of the charter school.
]
(g) a student who resides within a two-mile radius of the charter school and whose
school of residence is at capacity.
(5) (a) Except as provided in Subsection (5)(b), 
and notwithstanding Subsection (4)(g),
a charter school that is approved by the State Board of Education after May 13, 2014, and is
located in a high growth area 
as defined in Section 
53A-1a-502.5
 shall give an enrollment
preference to [
students
] 
a student
 who [
reside
] 
resides
 within a 
two-mile radius of the charter
school.
(b) The requirement to give an enrollment preference under Subsection (5)(a) does not
apply to a charter school that was approved without a high priority status pursuant to
Subsection 
53A-1a-502.5
[
(6)
]
(7)
(b).
(6) If a district school converts to charter status, the charter school shall give an
enrollment preference to students who would have otherwise attended it as a district school.
(7) (a) A charter school whose mission is to enhance learning opportunities for
refugees or children of refugee families may give an enrollment preference to refugees or
children of refugee families.
(b) A charter school whose mission is to enhance learning opportunities for English
language learners may give an enrollment preference to English language learners.
(8) A charter school may weight [
its
] 
the charter school's
 lottery to give a slightly better
chance of admission to educationally disadvantaged students, including:
(a) low-income students;
(b) students with disabilities;
(c) English language learners;
(d) migrant students;
(e) neglected or delinquent students; and
(f) homeless students.
(9) A charter school may not discriminate in [
its
] 
the charter school's
 admission
policies or practices on the same basis as other public schools may not discriminate in [
their
]
admission policies and practices.
Section 2. Section 
53A-1a-508
 is amended to read:
53A-1a-508.
Charter agreement -- Content -- Modification.
(1) A charter agreement:
(a) is a contract between the charter school applicant and the charter school authorizer;
(b) shall describe the rights and responsibilities of each party; and
(c) shall allow for the operation of the applicant's proposed charter school.
(2) A charter agreement shall include:
(a) the name of:
(i) the charter school; and
(ii) the charter school applicant;
(b) the mission statement and purpose of the charter school;
(c) the charter school's opening date;
(d) the grade levels and number of students the charter school will serve;
(e) a description of the structure of the charter [
school's
] 
school
 governing board,
including:
(i) the number of board members;
(ii) how members of the board are appointed; and
(iii) board members' terms of office;
(f) assurances that:
(i) the 
charter school
 governing board [
shall
] 
will
 comply with:
(A) the charter school's bylaws;
(B) the charter school's articles of incorporation; and
(C) applicable federal law, state law, and State Board of Education rules;
(ii) the 
charter school
 governing board will meet all reporting requirements described
in Section 
53A-1a-507
; and
(iii) except as provided in Title 53A, Chapter 20b, Part 2, Charter School Credit
Enhancement Program, neither the authorizer nor the state, including an agency of the state, is
liable for the debts or financial obligations of the charter school or a person who operates the
charter school;
(g) which administrative rules the State Board of Education will waive for the charter
school;
(h) minimum financial standards for operating the charter school;
(i) minimum standards for student achievement; and
(j) signatures of the charter school authorizer and the charter [
school's
] 
school
governing board members.
(3) [
A
] 
(a) Except as provided in Subsection (3)(b), a
 charter agreement may not be
modified except by mutual agreement between the charter school authorizer and the 
charter
school
 governing board [
of the charter school
].
(b) A charter school governing board may modify the charter school's charter
agreement without the mutual agreement described in Subsection (3)(a) to include an
enrollment preference described in Subsection 
53A-1a-506
(4)(g).