53G-6-502. Eligible students.
(1) As used in this section: "At capacity" means operating above the school's open enrollment threshold. "Open enrollment threshold" means the same as that term is defined in Section. 53G-6-401 "Refugee" means a person who is eligible to receive benefits and services from the federal Office of Refugee Resettlement. "School of residence" means the same as that term is defined in Section. 53G-6-401
(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 charter school shall enroll: a foster child residing in the same residence as an individual who is enrolled in the charter school; and an eligible student other than a child described in Subsectionwho submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or the charter school. (3)(a)(i) If the number of applications described in Subsectionexceeds 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 Subsectionsthrough. (3)(a)(ii) (4) (8)
(4) A charter school may give an enrollment preference to: a child or grandchild of an individual who has actively participated in the development of the charter school; a child or grandchild of a member of the charter school governing board; a sibling of an individual who was previously or is presently enrolled in the charter school; a child of an employee of the charter school; a student articulating between charter schools offering similar programs that are governed by the same charter school governing board; 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; an individual seeking enrollment in a charter school if: the individual's sibling is a student enrolled in a charter school; and 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; a student who resides within up to a two-mile radius of the charter school and whose school of residence is at capacity; a student who resides within the boundaries of a political subdivision containing the charter school and whose school of residence is at capacity; a child of a military service member; or a child of a DOD civilian.
(5) Except as provided in Subsection, and notwithstanding Subsection, 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 Sectionshall give an enrollment preference to a student who resides within a two-mile radius of the charter school. (5)(b) (4)(h) 53G-6-504 The requirement to give an enrollment preference under Subsectiondoes not apply to a charter school that was approved without a high priority status pursuant to Subsection. (5)(a) 53G-6-504(7)(b)
(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 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. A charter school whose mission is to enhance learning opportunities for English language learners may give an enrollment preference to English language learners.
(8) A charter school may weight the charter school's lottery to give a slightly better chance of admission to educationally disadvantaged students, including: low-income students; students with disabilities; English language learners; migrant students; neglected or delinquent students; and homeless students.
(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.