Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 294 (2022GS)

Sponsor

Rep. Pulsipher, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a charter school to give enrollment preference to:
• an individual whose sibling is currently enrolled in a charter school with an approved articulation agreement with the charter school in which the individual is seeking enrollment; and
• for the 2022-2023 school year, a student who withdrew from the charter school to attend an online school or home school in the 2020-2021 or 2021-2022 school years due to the COVID-19 emergency;
• requires a charter school to enroll a foster child residing in the same residence with a student currently enrolled in a charter school;
• defines terms; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHARTER SCHOOL ADMISSIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Susan Pulsipher
Senate Sponsor: 
 Kathleen A. Riebe
LONG TITLE
General Description:
This bill amends charter school enrollment provisions.
Highlighted Provisions:
This bill:
▸ allows a charter school to give enrollment preference to:
• an individual whose sibling is currently enrolled in a charter school with an
approved articulation agreement with the charter school in which the individual
is seeking enrollment; and
• for the 2022-2023 school year, a student who withdrew from the charter school
to attend an online school or home school in the 2020-2021 or 2021-2022
school years due to the COVID-19 emergency;
▸ requires a charter school to enroll a foster child residing in the same residence with
a student currently enrolled in a charter school;
▸ defines terms; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-5-303
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-502
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9
Be it enacted by the Legislature of the state of Utah:
Section 1. 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.
(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.
(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 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;
(f) a description of the structure of the charter school governing board, including:
(i) the number of charter school governing board members;
(ii) how members of the charter school governing board are appointed; and
(iii) charter school governing board members' terms of office;
(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 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;
(h) which administrative rules the state board will waive for the charter school;
(i) minimum financial standards for operating the charter school;
(j) minimum standards for student achievement; and
(k) signatures of the charter school authorizer and the charter school governing board
members.
(4) (a) Except as provided in Subsection (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 (4)(a) to include an
enrollment preference described in Subsection 
53G-6-502
(4)[
(g)
]
(h)
.
Section 2. Section 
53G-6-502
 is amended to read:
53G-6-502.
Eligible students.
(1) As used in this section:
(a) "At capacity" means operating above the school's open enrollment threshold.
(b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(c) "Open enrollment threshold" means the same as that term is defined in Section
53G-6-401
.
(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 
53G-6-401
.
(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 
53G-6-503
.
(3) (a) A charter school shall enroll
:
(i) a foster child residing in the same residence as an individual who is enrolled in the
charter school; and
(ii)
 an eligible student 
other than a child described in Subsection (3)(a)(i)
 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 
described in Subsection (3)(a)(ii)
 exceeds the capacity
of a program, class, grade level, or the charter school, the charter school shall select students 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 an individual who was previously or is presently enrolled in the charter
school;
(d) a child of an employee of the charter school;
(e) a student articulating between charter schools offering similar programs that are
governed by the same charter school governing board;
(f) 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;
(g) an individual seeking enrollment in a charter school if:
(i) the individual's sibling is a student enrolled in a charter school; and
(ii) the charter school where the individual is seeking enrollment has an articulation
agreement with the charter school where the sibling is enrolled that the State Charter School
Board approves;
[
(g)
] 
(h)
 a student who resides within up to a two-mile radius of the charter school and
whose school of residence is at capacity;
[
(h)
] 
(i)
 a child of a military servicemember as defined in Section 
53B-8-102
; or
[
(i)
] 
(j)
 for the [
2021-2022
] 
2022-2023
 school year, a student who withdraws from the
charter school to attend an online school or home school for the 2020-2021 
or 2021-2022
school [
year
] 
years
 due to the COVID-19 emergency.
(5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection
(4)[
(g)
]
(h)
, a charter school that is approved by the state board after May 13, 2014, and is
located in a high growth area as defined in Section 
53G-6-504
 shall give an enrollment
preference to a student who 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 
53G-6-504
(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 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 the charter school's admission policies or
practices on the same basis as other public schools may not discriminate in admission policies
and practices.