LEGISLATIVE GENERAL COUNSEL H.B. 301
6 Approved for Filing: R. Bailey 6 1st Sub. (Buff)
6 02-01-24 9:36 AM 6
Representative Karianne Lisonbee proposes the following substitute bill:
1 CHARTER SCHOOL ACCOUNTABILITY AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karianne Lisonbee
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the charter school code.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < amends the State Charter School Board compilation;
14 < amends certain charter school performance measures;
15 < requires the State Charter School Board to create bylaws;
16 < amends certain charter school accountability measures;
17 < replaces the State Charter School Board duties regarding certain application
18 requests with charter school authorizers;
19 < allows charter schools found in noncompliance of certain requirements opportunity
20 for a review of evidence of noncompliance before the charter school authorizer; 1st Sub. H.B. 301
21 < amends provisions regarding transfer of operations from a terminated charter school
22 to certain other entities; and
23 < makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
*HB0301S01*
1st Sub. (Buff) H.B. 301 02-01-24 9:36 AM
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 53G-5-102, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
31 53G-5-104, as renumbered and amended by Laws of Utah 2018, Chapter 3
32 53G-5-201, as last amended by Laws of Utah 2020, Chapter 352
33 53G-5-202, as last amended by Laws of Utah 2021, Chapter 439
34 53G-5-203, as last amended by Laws of Utah 2021, Chapter 345
35 53G-5-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
36 53G-5-205, as last amended by Laws of Utah 2023, Chapter 235
37 53G-5-301, as last amended by Laws of Utah 2019, Chapter 293
38 53G-5-302, as last amended by Laws of Utah 2019, Chapter 293
39 53G-5-303, as last amended by Laws of Utah 2022, Chapters 291, 352
40 53G-5-304, as last amended by Laws of Utah 2020, Chapter 408
41 53G-5-305, as last amended by Laws of Utah 2019, Chapter 293
42 53G-5-306, as last amended by Laws of Utah 2021, Chapter 324
43 53G-5-307, as enacted by Laws of Utah 2020, Chapter 192
44 53G-5-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
45 53G-5-404, as last amended by Laws of Utah 2023, Chapter 352
46 53G-5-406, as last amended by Laws of Utah 2020, Chapter 408
47 53G-5-413, as last amended by Laws of Utah 2019, Chapter 136
48 53G-5-501, as last amended by Laws of Utah 2023, Chapter 54
49 53G-5-502, as last amended by Laws of Utah 2020, Chapter 192
50 53G-5-503, as last amended by Laws of Utah 2023, Chapter 164
51 53G-5-504, as last amended by Laws of Utah 2023, Chapters 54, 435
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 53G-5-102 is amended to read:
55 53G-5-102. Definitions.
56 As used in this chapter:
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57 (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
58 includes:
59 (a) cash;
60 (b) stock or other investments;
61 (c) real property;
62 (d) equipment and supplies;
63 (e) an ownership interest;
64 (f) a license;
65 (g) a cause of action; and
66 (h) any similar property.
67 (2) "Charter school authorizer" or "authorizer" means an entity listed in Section
68 53G-5-205 that authorizes a charter school.
69 [(2) "Board of trustees of a]
70 (3) "Institution of higher education [institution] board of trustees" or "board of
71 trustees" means:
72 (a) the board of trustees of:
73 (i) the University of Utah;
74 (ii) Utah State University;
75 (iii) Weber State University;
76 (iv) Southern Utah University;
77 (v) Snow College;
78 (vi) Utah Tech University;
79 (vii) Utah Valley University; or
80 (viii) Salt Lake Community College; [or]
81 (b) a technical college board of trustees described in Section 53B-2a-108[.]; or
82 (c) a board of trustees of a private, nonprofit college or university in the state that is
83 accredited by the Northwest Commission on Colleges and Universities.
84 [(3) "Charter school authorizer" or "authorizer" means an entity listed in Section
85 53G-5-205 that authorizes a charter school.]
86 Section 2. Section 53G-5-104 is amended to read:
87 53G-5-104. Purpose of charter schools.
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88 The purposes of the state's charter schools [as a whole] are to enhance school choice,
89 meet the unique needs of Utah families, and encourage innovation within the public education
90 system by:
91 (1) [continue] continuing to improve student learning;
92 (2) [encourage] encouraging the use of different and innovative teaching methods;
93 (3) [create] creating new professional opportunities for educators that [will] allow
94 [them] educators to actively participate in designing and implementing [the] learning [program]
95 programs at the school;
96 (4) [increase] increasing choice of learning opportunities for students;
97 (5) [establish new models of public schools and a new form of accountability for
98 schools that emphasizes the measurement of learning outcomes and the creation of innovative
99 measurement tools] establishing new educational models and new forms of accountability that
100 emphasize unique performance measures and innovative measurement tools to measure
101 education outcomes;
102 (6) [provide] providing opportunities for greater parental involvement in management
103 and governance decisions at the school level; [and]
104 (7) [expand] expanding public school choice in areas where there is a lack of school
105 choice or where schools have been identified for school improvement, corrective action, or
106 restructuring [under the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.]; and
107 (8) collaborating within the public education system.
108 Section 3. Section 53G-5-201 is amended to read:
109 53G-5-201. State Charter School Board created.
110 (1) As used in this section, "organization that represents Utah's charter schools" means
111 an organization, except a governmental entity, that advocates for charter schools, charter school
112 parents, or charter school students.
113 (2) (a) [The] This section creates the State Charter School Board.
114 (b) [is created consisting of the following members appointed by the governor with]
115 With the advice and consent of the Senate, the governor shall appoint seven individuals to
116 serve on the State Charter School Board to consist of:
117 (i) one member who has expertise in finance [or], small business management, law, or
118 public policy;
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119 (ii) [three] four members who:
120 (A) are nominated by an organization that represents Utah's charter schools; and
121 (B) have expertise or experience in developing or administering a charter school; and
122 [(iii) two members who are nominated by the state board; and]
123 [(iv) one member]
124 (iii) two members who[: (A) has] have expertise in [personalized learning, including
125 digital teaching and learning or deliberate practice; and (B) supports] innovation in education.
126 [(b)] (c) Each appointee shall have demonstrated dedication to the purposes of charter
127 schools as [outlined] described in Section 53G-5-104.
128 [(c)] (d) At least two candidates shall be nominated for each appointment made under
129 Subsection [(2)(a)(ii) or (iii)] (2)(b)(ii).
130 [(d)] (e) The governor may seek nominations for a prospective appointment under
131 Subsection [(2)(a)(ii)] (2)(b)(ii) from one or more organizations that represent Utah's charter
132 schools.
133 (3) (a) State Charter School Board members shall serve four-year terms.
134 (b) If a vacancy occurs, the governor shall, with the advice and consent of the Senate,
135 appoint a replacement for the unexpired term, in accordance with Title 63G, Chapter 24, Part 2,
136 Vacancies.
137 (4) The governor may remove a member at any time for official misconduct, habitual
138 or willful neglect of duty, or for other good and sufficient cause.
139 (5) (a) The State Charter School Board shall [annually elect a chair from its
140 membership] create bylaws to govern the State Charter School Board operations.
141 (b) Four members of the State Charter School Board shall constitute a quorum.
142 (c) Meetings may be called by the chair or upon request of three members of the State
143 Charter School Board.
144 (6) A member may not receive compensation or benefits for the member's service, but
145 may receive per diem and travel expenses in accordance with:
146 (a) Section 63A-3-106[; (b)] and Section 63A-3-107; and
147 [(c)] (b) rules [made by] that the Division of Finance [pursuant to] makes in
148 accordance with Sections 63A-3-106 and 63A-3-107.
149 Section 4. Section 53G-5-202 is amended to read:
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150 53G-5-202. Status and powers of State Charter School Board.
151 (1) The State Charter School Board may:
152 (a) enter into contracts;
153 (b) sue and be sued; and
154 (c) (i) at the discretion of the charter school, provide administrative services to, or
155 perform other school functions for, charter schools authorized by the State Charter School
156 Board; and
157 (ii) charge fees for the provision of services or functions.
158 (2) The state board shall:
159 (a) approve [the annual budget and expenditures of] the State Charter School [Board]
160 Board's annual budget; and
161 (b) otherwise grant autonomy to the State Charter School Board to manage the State
162 Charter School Board's budget.
163 Section 5. Section 53G-5-203 is amended to read:
164 53G-5-203. State Charter School Board -- Staff director -- Facilities.
165 (1) (a) The State Charter School Board[, with the consent of the state superintendent,]
166 shall appoint a staff director for the State Charter School Board.
167 (b) The State Charter School Board shall have authority to remove the staff director
168 [with the consent of the state superintendent].
169 (c) The position of staff director is exempt from the career service provisions of Title
170 63A, Chapter 17, Utah State Personnel Management Act.
171 (2) The state superintendent shall provide space for [staff of the] State Charter School
172 Board staff in facilities occupied by the state board or the state board's employees, with costs
173 charged for the facilities equal to those charged to other sections and divisions under the state
174 board.
175 (3) Notwithstanding Subsection (2), the State Charter School Board may use facilities
176 for State Charter School Board operations other than facilities that the state board or the state
177 board's employees occupy.
178 Section 6. Section 53G-5-204 is amended to read:
179 53G-5-204. Charter school innovative practices -- Report to State Charter School
180 Board.
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181 [Prior to]
182 (1) On or before July 31 of each year, a charter school may identify and report to the
183 State Charter School Board [its] the charter school's innovative practices which fulfill the
184 purposes of charter schools as [outlined] described in Section 53G-5-104, including:
185 [(1)] (a) unique learning opportunities providing increased choice in education;
186 [(2)] (b) new public school models;
187 [(3)] (c) innovative teaching practices;
188 [(4)] (d) opportunities for educators to actively participate in the design and
189 implementation of the learning program;
190 [(5)] (e) new forms of accountability emphasizing [the measurement of learning
191 outcomes and the creation of new] measurement tools in measuring education outcomes;
192 [(6)] (f) opportunities for greater parental involvement, including involvement in
193 [management] governance decisions; and
194 [(7)] (g) the impact of the innovative practices on student achievement.
195 (2) The Charter School Board may forward the report received under Subsection (1) to
196 the state board.
197 Section 7. Section 53G-5-205 is amended to read:
198 53G-5-205. Charter school authorizers -- Power and duties -- Charter application
199 minimum standard.
200 (1) The following entities are eligible to authorize charter schools:
201 (a) the State Charter School Board;
202 (b) a local school board; or
203 (c) [a board of trustees of an institution in the state system of higher education as
204 described] an institution of higher education board of trustees, as that term is defined in Section
205 [53B-1-102; or] 53G-5-102.
206 [(d) a board of trustees of a private, nonprofit college or university in the state that is
207 accredited by the Northwest Commission on Colleges and Universities.]
208 (2) A charter school authorizer shall:
209 (a) authorize and promote the establishment of charter schools;
210 (b) before an application for charter school authorization is submitted to a charter
211 school authorizer, review and evaluate the proposal to support and strengthen the charter
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212 school authorization proposal;
213 (c) [annually] review and evaluate the performance of charter schools authorized by the
214 authorizer and hold a charter school accountable for the [school's] performance measures
215 established in the charter school's charter agreement; [and]
216 [(b) monitor charter schools authorized by the authorizer for compliance with federal
217 and state laws, rules, and regulations.]
218 (d) assist charter schools in understanding and carrying out the charter school's charter
219 obligations; and
220 (e) provide technical support to charter schools and persons seeking to establish charter
221 schools by:
222 (i) identifying and promoting successful charter school models;
223 (ii) facilitating the application and approval process for charter school authorization; or
224 (iii) directing charter schools and persons seeking to establish charter schools to
225 sources of funding and support.
226 (3) A charter school authorizer may:
227 [(a) authorize and promote the establishment of charter schools, subject to the
228 provisions in this part;]
229 [(b)] (a) make recommendations to the Legislature on legislation [and rules] pertaining
230 to charter schools [to the Legislature and state board, respectively];
231 [(c)] (b) make recommendations to the state board on [the] charter school rules and
232 charter school funding [of charter schools]; or
233 [(d) provide technical support to charter schools and persons seeking to establish
234 charter schools by:]
235 [(i) identifying and promoting successful charter school models;]
236 [(ii) facilitating the application and approval process for charter school authorization;]
237 [(iii) directing charter schools and persons seeking to establish charter schools to
238 sources of funding and support;]
239 [(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
240 supporting and strengthening proposals before an application for charter school authorization is
241 submitted to a charter school authorizer; or]
242 [(v) assisting charter schools to understand and carry out their charter obligations; or]
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243 [(e)] (c) provide technical support, as requested, to another charter school authorizer
244 relating to charter schools.
245 (4) Within 60 days after [an authorizer's approval of] the day on which an authorizer
246 approves an application for a new charter school, the st