53G-5-404. Requirements for charter schools.
| (1) |
A charter school shall be nonsectarian in its programs, admission policies, employment practices, and operations. |
Terms Used In Utah Code 53G-5-404
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- authorizer: means an entity listed in Section 53G-5-205 that authorizes a charter school. See Utah Code 53G-5-102
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
| (2) |
A charter school may not charge tuition or fees, except those fees normally charged by other public schools. |
| (3) |
A charter school shall meet all applicable federal, state, and local health, safety, and civil rights requirements. |
| (4) |
| (a) |
A charter school shall:
| (i) |
make the same annual reports required of other public schools under this public education code, including an annual financial audit report described in Section 53G-4-404; |
| (ii) |
ensure that the charter school meets the data and reporting standards described in Section 53E-3-501; and |
| (iii) |
use fund and program accounting methods and standardized account codes capable of producing financial reports that comply with:
| (A) |
generally accepted accounting principles; |
| (B) |
the financial reporting requirements applicable to LEAs established by the state board under Section 53E-3-501; and |
| (C) |
accounting report standards established by the state auditor as described in Section 51-2a-301. |
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| (b) |
Before, and as a condition for opening a charter school:
| (i) |
a charter school shall:
| (A) |
certify to the authorizer that the charter school’s accounting methods meet the requirements described in Subsection (4)(a)(iii); or |
| (B) |
if the authorizer requires, conduct a performance demonstration to verify that the charter school’s accounting methods meet the requirements described in Subsection (4)(a)(iii); and |
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| (ii) |
the authorizer shall certify to the state board that the charter school’s accounting methods meet the requirements described in Subsection (4)(a)(iii). |
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| (c) |
A charter school shall file the charter school’s annual financial audit report with the Office of the State Auditor within six months of the end of the fiscal year. |
| (d) |
For the limited purpose of compliance with federal and state law governing use of public education funds, including restricted funds, and making annual financial audit reports under this section, a charter school is a government entity governed by the public education code. |
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| (5) |
| (a) |
A charter school shall be accountable to the charter school’s authorizer for performance as provided in the school’s charter agreement. |
| (b) |
To measure the performance of a charter school, an authorizer may use data contained in:
| (i) |
the charter school’s annual financial audit report; |
| (ii) |
a report submitted by the charter school as required by statute; or |
| (iii) |
a report submitted by the charter school as required by its charter agreement. |
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| (c) |
A charter school authorizer may not impose performance standards, except as permitted by statute, that limit, infringe, or prohibit a charter school’s ability to successfully accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise provided in law. |
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| (6) |
A charter school may not advocate unlawful behavior. |
| (8) |
A charter school shall provide adequate liability and other appropriate insurance, including:
| (a) |
general liability, errors and omissions, and directors and officers liability coverage through completion of the closure of a charter school under Section 53G-5-504; and |
| (b) |
tail coverage or closeout insurance covering at least one year after closure of the charter school. |
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| (9) |
Beginning on July 1, 2014, a charter school, including a charter school that has not yet opened, shall submit any lease, lease-purchase agreement, or other contract or agreement relating to the charter school’s facilities or financing of the charter school’s facilities to the school’s authorizer and an attorney for review and advice before the charter school enters the lease, agreement, or contract. |
| (10) |
A charter school may not employ an educator whose license is suspended or revoked by the state board under Section 53E-6-604. |
| (11) |
| (a) |
Each charter school shall register and maintain the charter school’s registration as a limited purpose entity, in accordance with Section 67-1a-15. |
| (b) |
A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1. |
| (c) |
If a charter school is an operating charter school with affiliated satellite charter schools, as defined in Section 53G-5-303:
| (i) |
the operating charter school shall register as a limited purpose entity as defined in Section 67-1a-15; |
| (ii) |
each affiliated satellite charter school is not required to register separately from the operating charter school; and |
| (iii) |
the operating charter school shall:
| (A) |
register on behalf of each affiliated satellite charter school; and |
| (B) |
when submitting entity registry information under Section 67-1a-15 on behalf of each affiliated satellite charter school, identify and distinguish registry information for each affiliated satellite, including the address of each affiliated satellite charter school and the name and contact information of a primary contact for each affiliated satellite charter school. |
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| (12) |
| (a) |
As used in this Subsection (12), “contracting entity” means a person with which a charter school contracts. |
| (b) |
A charter school shall provide to the charter school’s authorizer any information or documents requested by the authorizer, including documents held by a subsidiary of the charter school or a contracting entity:
| (i) |
to confirm the charter school’s compliance with state or federal law governing the charter school’s finances or governance; or |
| (ii) |
to carry out the authorizer’s statutory obligations, including liquidation and assignment of assets, and payment of debt in accordance with state board rule, as described in Section 53G-5-504. |
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| (c) |
A charter school shall comply with a request described in Subsection (12)(b), including after an authorizer recommends closure of the charter school or terminates the charter school’s contract. |
| (d) |
Documents held by a contracting entity or subsidiary of a charter school that are necessary to demonstrate the charter school’s compliance with state or federal law are the property of the charter school. |
| (e) |
A charter school shall include in an agreement with a subsidiary of the charter school or a contracting entity a provision that stipulates that documents held by the subsidiary or a contracting entity, that are necessary to demonstrate the charter school’s financial compliance with federal or state law, are the property of the charter school. |
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| (13) |
For each grading period and for each course in which a student is enrolled, a charter school shall issue a grade or performance report to the student:
| (a) |
that reflects the student’s work, including the student’s progress based on mastery, for the grading period; and |
| (b) |
in accordance with the charter school’s adopted grading or performance standards and criteria. |
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| (14) |
| (a) |
As used in this Subsection (14):
| (i) |
“Learning material” means any learning material or resource used to deliver or support a student’s learning, including textbooks, reading materials, videos, digital materials, websites, and other online applications. |
| (ii) |
| (A) |
“Instructional material” means learning material that a charter school governing board adopts and approves for use within the charter school. |
| (B) |
“Instructional material” does not include learning material used in a concurrent enrollment, advanced placement, or international baccalaureate program or class or another class with required instructional material that is not subject to selection by the charter school governing board. |
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| (iii) |
“Supplemental material” means learning material that:
| (A) |
an educator selects for classroom use; and |
| (B) |
a charter school governing board has not considered and adopted, approved, or prohibited for classroom use within the charter school. |
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| (b) |
A charter school shall:
| (i) |
make instructional material that the charter school uses readily accessible and available for a parent to view; |
| (ii) |
annually notify a parent of a student enrolled in the charter school of how to access the information described in Subsection (14)(b)(i); and |
| (iii) |
include on the charter school’s website information about how to access the information described in Subsection (14)(b)(i). |
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| (c) |
In selecting and approving instructional materials for use in the classroom, a charter school governing board shall:
| (i) |
establish an open process, involving educators and parents of students enrolled in the charter school, to review and recommend instructional materials for board approval; and |
| (ii) |
ensure that under the process described in Subsection (14)(c)(i), the charter school governing board:
| (A) |
before the public meetings described in Subsection (14)(c)(ii)(B), posts the recommended learning materials online to allow for public review or, for copyrighted material, makes the recommended learning material available at the charter school for public review; |
| (B) |
before adopting or approving the recommended instructional materials, holds at least two public meetings on the recommendation that provide an opportunity for educators whom the charter school employs and parents of students enrolled in the charter school to express views and opinions on the recommendation; and |
| (C) |
adopts or approves the recommended instructional materials in an open and regular board meeting. |
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| (d) |
A charter school governing board shall adopt a supplemental materials policy that provides flexible guidance to educators on the selection of supplemental materials or resources that an educator reviews and selects for classroom use using the educator’s professional judgment, including whether any process or permission is required before classroom use of the materials or resources. |
| (e) |
If a charter school contracts with another party to provide online or digital materials, the charter school shall include in the contract a requirement that the provider give notice to the charter school any time that the provider makes a material change to the content of the online or digital materials, excluding regular informational updates on current events. |
| (f) |
Nothing in this Subsection (14) requires a charter school governing board to review all learning materials used within the charter school. |
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Amended by Chapter 352, 2023 General Session
