53G-6-502. Eligible students.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-6-502
| (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. |
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| (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. |
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| (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). |
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| (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; |
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| (h) |
a student who resides within up to a two-mile radius of the charter school and whose school of residence is at capacity; |
| (i) |
a child of a military service member as defined in Section 53B-8-102; or |
| (j) |
for the 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 years due to the COVID-19 emergency. |
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| (5) |
| (a) |
Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(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). |
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| (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. |
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| (8) |
A charter school may weight the charter school’s lottery to give a slightly better chance of admission to educationally disadvantaged students, including:
| (b) |
students with disabilities; |
| (c) |
English language learners; |
| (e) |
neglected or delinquent students; and |
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| (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. |
Amended by Chapter 44, 2023 General Session
