Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 231 (2018GS)

Sponsor

Rep. Last, B.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a charter school to include in a charter agreement the maximum number of students the charter school will serve;
• provides, if legislative appropriations are insufficient, for funding distribution to charter schools for charter students enrolled in a charter school that are below or exceed the charter school's maximum number of students; and
• makes technical corrections.

Every vote on this bill

Bill text

CHARTER SCHOOL FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bradley G. Last
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill amends provisions related to funding for charter students.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a charter school to include in a charter agreement the maximum number of
students the charter school will serve;
▸ provides, if legislative appropriations are insufficient, for funding distribution to
charter schools for charter students enrolled in a charter school that are below or
exceed the charter school's maximum number of students; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-2-704
, as enacted by Laws of Utah 2018, Chapter 2
53G-5-303
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-704
 is amended to read:
53F-2-704.
Charter school levy state guarantee.
(1) As used in this section:
(a) "Charter school levy per pupil revenues" means the same as that term is defined in
Section 
53F-2-703
.
(b) "Charter school students' average local revenues" means the amount determined as
follows:
(i) for each student enrolled in a charter school on the previous October 1, calculate the
district per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter
school on the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
enrolled in charter schools on the previous October 1.
(c) "District local property tax revenues" means the sum of a school district's revenue
received from the following:
(i) a voted local levy imposed under Section 
53F-8-301
;
(ii) a board local levy imposed under Section 
53F-8-302
, excluding revenues expended
for:
(A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
taxable value of the school district's board local levy; and
(B) the K-3 Reading Improvement Program, up to the amount of revenue generated by
a .000121 per dollar of taxable value of the school district's board local levy;
(iii) a capital local levy imposed under Section 
53F-8-303
; and
(iv) a guarantee described in Section 
53F-2-601
, 
53F-2-602
, 
53F-3-202
, or 
53F-3-203
.
(d) "District per pupil local revenues" means, using data from the most recently
published school district annual financial reports and state superintendent's annual report, an
amount equal to district local property tax revenues divided by the sum of:
(i) a school district's average daily membership; and
(ii) the average daily membership of a school district's resident students who attend
charter schools.
(e) "Resident student" means a student who is considered a resident of the school
district under Title 53G, Chapter 6, Part 3, School District Residency.
(f) "Statewide average debt service revenues" means the amount determined as
follows, using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed under
Section 
11-14-310
; and
(ii) divide the sum calculated under Subsection (1)(f)(i) by statewide school district
average daily membership.
(2) (a) Subject to future budget constraints, the Legislature shall provide an
appropriation for charter schools for each charter school student enrolled on October 1 to
supplement the allocation of charter school levy per pupil revenues described in Subsection
53F-2-702
(3)(a).
(b) Except as provided in Subsection (2)(c), the amount of money provided by the state
for a charter school student shall be the sum of:
(i) charter school students' average local revenues minus the charter school levy per
pupil revenues; and
(ii) statewide average debt service revenues.
(c) If the total of charter school levy per pupil revenues distributed by the State Board
of Education and the amount provided by the state under Subsection (2)(b) is less than $1,427,
the state shall provide an additional supplement so that a charter school receives at least $1,427
per student under Subsection 
53F-2-702
(3).
[
(d) (i) If the appropriation provided under this Subsection (2) is less than the amount
prescribed by Subsection (2)(b) or (c), the appropriation shall be allocated among charter
schools in proportion to each charter school's enrollment as a percentage of the total enrollment
in charter schools.
]
[
(ii) If the State Board of Education makes adjustments to Minimum School Program
allocations as provided under Section 
53F-2-205
, the allocation provided in Subsection
(2)(d)(i) shall be determined after adjustments are made under Section 
53F-2-205
.
]
(d) (i) If the legislative appropriation described in Subsection (2)(a) is insufficient to
provide an amount described in Subsection (2)(b) for each charter school student, the State
Board of Education shall make an adjustment to Minimum School Program allocations as
described in Section 
53F-2-205
.
(ii) Following an adjustment described in Subsection (2)(d)(i), if legislative
appropriations remain insufficient to provide an amount described in Subsection (2)(b) for each
student enrolled in a charter school, the State Board of Education shall:
(A) distribute to a charter school an amount described in Subsection (2)(b) for each
student enrolled in the charter school under or equal to the maximum number of students the
charter school serves, as described in the charter school's charter school agreement described in
Section 
53G-5-303
; and
(B) distribute money remaining after the distributions described in Subsection
(2)(d)(ii)(A) to a charter school based on the charter school's share of all students enrolled in
charter schools who exceed the number of maximum students served by charter schools, as
described in charter school agreements entered into under Section 
53G-5-303
.
(3) (a) Except as provided in Subsection (3)(b), of the money provided to a charter
school under Subsection 
53F-2-702
(3), 10% shall be expended for funding school facilities
only.
(b) Subsection (3)(a) does not apply to an online charter school.
Section 2. Section 
53G-5-303
 is amended to read:
53G-5-303.
Charter agreement -- Content -- Modification.
(1) As used in this section, "satellite charter school" means a charter school affiliated
with an operating charter school, which has the same charter school governing board and a
similar program of instruction, but has a different school number than the affiliated charter.
[
(1)
] 
(2)
 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)
] 
(3)
 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) (i) subject to Section 
53G-6-504
, the maximum number of students a charter school
will serve; or
(ii) for an operating charter school with satellite charter schools, the maximum number
of students of all satellite charter schools collectively served by the operating charter school;
[
(e)
] 
(f)
 a description of the structure of the charter 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)
] 
(g)
 assurances that:
(i) the charter school governing board 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 
53G-5-404
; and
(iii) except as provided in Part 6, 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)
] 
(h)
 which administrative rules the State Board of Education will waive for the
charter school;
[
(h)
] 
(i)
 minimum financial standards for operating the charter school;
[
(i)
] 
(j)
 minimum standards for student achievement; and
[
(j)
] 
(k)
 signatures of the charter school authorizer and the charter school governing
board members.
[
(3)
] 
(4)
 (a) Except as provided in Subsection [
(3)
] 
(4)
(b), a charter agreement may not
be modified except by mutual agreement between the charter school authorizer and the charter
school governing board.
(b) A charter school governing board may modify the charter school's charter
agreement without the mutual agreement described in Subsection [
(3)
] 
(4)
(a) to include an
enrollment preference described in Subsection 
53G-6-502
(4)(g).