Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 65 First Substitute (2023GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the entities that are eligible to authorize charter schools;
• defines terms;
• requires certain authorizers to adopt procedures for imposing a standard, guideline, or policy;
• requires certain authorizers to comply with the procedures;
• provides when a standard, guideline, or policy is invalid; and
• makes technical changes.

Every vote on this bill

Bill text

CHARTER SCHOOL AUTHORIZERS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Susan Pulsipher
LONG TITLE
General Description:
This bill addresses charter school authorizers.
Highlighted Provisions:
This bill:
▸ modifies the entities that are eligible to authorize charter schools;
▸ defines terms;
▸ requires certain authorizers to adopt procedures for imposing a standard, guideline,
or policy;
▸ requires certain authorizers to comply with the procedures;
▸ provides when a standard, guideline, or policy is invalid; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-5-205
, as last amended by Laws of Utah 2020, Chapter 408
ENACTS:
53G-5-308
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-5-205
 is amended to read:
53G-5-205.
Charter school authorizers -- Power and duties -- Charter application
minimum standard.
(1) The following entities are eligible to authorize charter schools:
(a) the State Charter School Board;
(b) a local school board; [
or
]
(c) a board of trustees of an institution in the state system of higher education as
described in Section 
53B-1-102
[
.
]
; or
(d) a board of trustees of a private, nonprofit college or university in the state that is
accredited by the Northwest Commission on Colleges and Universities.
(2) A charter school authorizer shall:
(a) annually review and evaluate the performance of charter schools authorized by the
authorizer and hold a charter school accountable for the school's performance; and
(b) monitor charter schools authorized by the authorizer for compliance with federal
and state laws, rules, and regulations.
(3) A charter school authorizer may:
(a) authorize and promote the establishment of charter schools, subject to the
provisions in this part;
(b) make recommendations on legislation and rules pertaining to charter schools to the
Legislature and state board, respectively;
(c) make recommendations to the state board on the funding of charter schools;
(d) provide technical support to charter schools and persons seeking to establish charter
schools by:
(i) identifying and promoting successful charter school models;
(ii) facilitating the application and approval process for charter school authorization;
(iii) directing charter schools and persons seeking to establish charter schools to
sources of funding and support;
(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
supporting and strengthening proposals before an application for charter school authorization is
submitted to a charter school authorizer; or
(v) assisting charter schools to understand and carry out their charter obligations; or
(e) provide technical support, as requested, to another charter school authorizer relating
to charter schools.
(4) Within 60 days after an authorizer's approval of an application for a new charter
school, the state board may direct an authorizer to do the following if the authorizer or charter
school applicant failed to follow statutory or state board rule requirements made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) reconsider the authorizer's approval of an application for a new charter school; and
(b) correct deficiencies in the charter school application or authorizer's application
process as described in statute or state board rule, made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, before approving the new application.
(5) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules establishing minimum standards that a charter school authorizer is
required to apply when:
(a) evaluating a charter school application; or
(b) monitoring charter school compliance.
(6) The minimum standards described in Subsection (5) shall include:
(a) reasonable consequences for an authorizer that fails to comply with statute or state
board rule;
(b) a process for an authorizer to review:
(i) the skill and expertise of a proposed charter school's governing board; and
(ii) the functioning operation of the charter school governing board of an authorized
charter school;
(c) a process for an authorizer to review the financial viability of a proposed charter
school and of an authorized charter school;
(d) a process to evaluate:
(i) how well an authorizer's authorized charter school complies with the charter
school's charter agreement;
(ii) whether an authorizer's authorized charter school maintains reasonable academic
standards; and
(iii) standards that an authorizer is required to meet to demonstrate the authorizer's
capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
Section 2. Section 
53G-5-308
 is enacted to read:
 53G-5-308.
Adoption of standards, guidelines, or policies.
(1) As used in this section:
(a) "Applicable charter school authorizer" means a charter school authorizer that is the
authorizer of more than 10 charter schools at the same time.
(b) "Standard, guideline, or policy" means a requirement or measurement of
performance imposed by an applicable charter school authorizer on two or more charter
schools authorized by the applicable charter school authorizer.
(2) (a) An applicable charter school authorizer shall adopt a procedure for the
imposition of a standard, guideline, or policy that is substantially similar to the rulemaking
procedure under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including
procedures for notice and receipt of public comment.
(b) An applicable charter school authorizer may not impose a standard, guideline, or
policy unless the applicable charter school authorizer follows the procedure adopted under
Subsection (2)(a).
(3) A standard, guideline, or policy imposed on or after July 1, 2023, by an applicable
charter school authorizer is not valid if the applicable charter school authorizer does not follow
the procedures adopted under Subsection (2)(a) in imposing the standard, guideline, or policy.