53G-5-303. Charter agreement — Content — Modification.
| (1) |
As used in this section: |
Terms Used In Utah Code 53G-5-303
- 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.
- Person: means :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
| (2) |
| (a) |
“Innovation plan” means the same as that term is defined in Section 53G-7-221. |
| (b) |
“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. |
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| (3) |
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. |
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| (4) |
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; |
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| (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; |
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| (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 6, 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; |
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| (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. |
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| (5) |
| (a) |
Except as provided in Subsection (5)(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 (5)(a) to:
| (i) |
include an enrollment preference described in Subsection 53G-6-502(4)(h); or |
| (ii) |
only as described in Subsection 53G-7-221(5), include or remove an innovation plan. |
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Amended by Chapter 291, 2022 General Session
Amended by Chapter 352, 2022 General Session
