Title 53G, Public Education System -- Local Administration

53G-5-201. State Charter School Board created. (1) As used in this section, "organization that represents Utah's charter schools" means an organization, except a governmental entity, that advocates for charter schools, charter school parents, or charter school students. (2)(a) Th…

53G-5-202. Status and powers of State Charter School Board. (1) The State Charter School Board may: (a) enter into contracts; (b) sue and be sued; and (c)(i) at the discretion of the charter school, provide administrative services to, or perform other school functions for, charte…

53G-5-203. State Charter School Board -- Staff director -- Facilities. (1)(a) The State Charter School Board shall appoint a staff director for the State Charter School Board. (b) The State Charter School Board shall have authority to remove the staff director. (c) The position o…

53G-5-204. Charter school innovative practices -- Report to State Charter School Board. (1) On or before July 31 of each year, a charter school may identify and report to the State Charter School Board the charter school's innovative practices which fulfill the purposes of charte…

53G-5-205. Charter school authorizers -- Power and duties -- Charter application minimum standard. (1) The following entities are eligible to authorize charter schools: (a) the State Charter School Board; (b) a local school board; or (c) an institution of higher education board o…

53G-5-301. Charter school authorizer to request applications for certain types of charter schools. (1) To meet the unique learning styles and needs of students, a charter school authorizer shall seek to expand the types of instructional methods and programs offered by schools, as…

53G-5-302. Charter school application -- Applicants -- Contents. (1)(a) An application to establish a charter school may be submitted by: (i) an individual; (ii) a group of individuals; or (iii) a nonprofit legal entity organized under Utah law. (b) An authorized charter school m…

53G-5-303. Charter agreement -- Content -- Modification. As used in this section: (1)(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…

53G-5-304. Charter schools authorized by the State Charter School Board -- Application process -- Prohibited basis of application denial. (1)(a) An applicant seeking authorization of a charter school from the State Charter School Board shall provide a copy of the application to t…

53G-5-305. Charters authorized by local school boards -- Application process -- Local school board responsibilities. (1)(a) An applicant identified in Section 53G-5-302 may submit an application to a local school board to establish and operate a charter school within the geograph…

53G-5-306. Charter schools authorized by a board of trustees of a higher education institution -- Application process -- Board of trustees responsibilities. (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302 may enter into an agreement with an …

53G-5-307. Charter school authorization -- Initial review period. (1) An authorizer shall grant a charter school approved under this title initial approval for a three-year review period, beginning with the first year of the charter school's operation. (2) Beginning in the first …

53G-5-308. Adoption of standards, guidelines, or policies. (1) As used in this section: (a) "Applicable charter school authorizer" means a charter school authorizer that is the authorizer of more than 10 charter schools at the same time. (b) "Standard, guideline, or policy" means…

53G-5-401. Status of charter schools. (1) Charter schools: (a) are considered to be public schools within the state's public education system; (b) are subject to Subsection 53E-3-401(8); and (c) shall be governed by an independent board whose members have taken the oath of office…

53G-5-402. Property tax exemption for property owned by a charter school. For purposes of a property tax exemption for property of school districts under Subsection 59-2-1101(3)(a)(ii)(B), a charter school is considered to be a school district.

53G-5-403. Charter school assets. (1)(a) A charter school may receive, hold, manage, and use any devise, bequest, grant, endowment, gift, or donation of any asset made to the school for any of the purposes of this chapter and other related provisions. (b) Unless a donor or granto…

53G-5-404. Requirements for charter schools. (1) A charter school shall be nonsectarian in the charter school's programs, admission policies, employment practices, and operations. (2) A charter school may not charge tuition or fees, except those fees normally charged by other pub…

53G-5-405. Application of statutes and rules to charter schools. (1) A charter school shall operate in accordance with its charter agreement and is subject to this public education code and other state laws applicable to public schools, except as otherwise provided in this chapte…

53G-5-406. Accountability -- Rules. The state board shall, after consultation with chartering entities, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (1) require a charter school to develop an accountability plan, approved by the ch…

53G-5-406.5. Oath of office for charter school governing board members. (1) Before entering upon the duties of office, each charter school governing board member shall take and subscribe to the following oath: "I do solemnly swear that I will support, obey, and defend the Constit…

53G-5-407. Employees of charter schools. (1) A charter school shall select its own employees. (2) The charter school governing board shall determine the level of compensation and all terms and conditions of employment, except as otherwise provided in Subsections (7) and (8) and u…

53G-5-408. Criminal background checks on school personnel. The following individuals are required to submit to a criminal background check and ongoing monitoring as provided in Sections53G-11-402 and 53G-11-403: (1) an employee of a charter school who does not hold a current Utah…

53G-5-409. Regulated transactions and relationships -- Definitions -- Rulemaking. (1) As used in this section: (a) "Charter school officer" means: (i) a member of a charter school's governing board; (ii) a member of a board or an officer of a nonprofit corporation under which a c…

53G-5-410. Safe technology utilization and digital citizenship. A charter school governing board, or a council formed by a charter school governing board to prepare a plan for the use of School LAND Trust Program money under Section 53G-7-1206: (1) shall provide for education and…

53G-5-411. Charter school fiscal year -- Statistical reports. (1) A charter school's fiscal year begins on July 1 and ends on June 30. (2)(a) A charter school shall forward statistical reports for the preceding school year, containing items required by law or by the state board, …

53G-5-412. Contract with regional education service agencies. A public school that is a charter school may enter into a contract with an eligible regional education service agency, as defined in Section 53G-4-410, to receive education-related services from the eligible regional e…

53G-5-413. Charter school governing board meetings -- Rules of order and procedure. (1) As used in this section, "rules of order and procedure" means a set of rules that governs and prescribes in a public meeting: (a) parliamentary order and procedure; (b) ethical behavior; and (…

53G-5-414. Required provision of period products in schools. (1) As used in this section, "period products" means: (a) tampons; (b) sanitary napkins; or (c) other similar products designed for hygiene in connection with the human menstrual cycle. (2) Beginning July 1, 2022, a cha…

53G-5-415. Charter school prioritization of school breaks to coincide with state holy days. Starting with the 2027-28 school year, when setting the schedule for a school year, a charter school shall, to the extent possible, prioritize scheduling school breaks to coincide with Goo…

53G-5-501. Noncompliance -- Rulemaking. (1)(a) If a charter school is found to be materially out of compliance with the requirements of Section 53G-5-404 or the school's charter agreement, the charter school authorizer shall provide written notice of the reason for the charter sc…

53G-5-502. Voluntary school improvement and transfer processes. (1) As used in this section: (a) "High performing charter school" means a charter school that: (i) satisfies all requirements of state law and state board rules; (ii) has operated for at least three years meeting the…

53G-5-503. Termination of a charter agreement. (1) Subject to the requirements of Subsection (3), a charter school authorizer may terminate a school's charter agreement for any of the following reasons: (a) failure of the charter school to meet the requirements stated in the char…

53G-5-504. Charter school closure. (1) As used in this section, "receiving charter school" means a charter school that an authorizer permits under Subsection (12)(a), to accept enrollment applications from students of a closing charter school. (2) If a charter school is closed fo…

53G-5-505. Tort liability. (1) An employee of a charter school is a public employee and the charter school governing board is a public employer in the same manner as a local school board for purposes of tort liability. (2) The charter school governing board, the nonprofit corpora…

53G-5-601. Definitions. As used in this part: (1) "Annual charter school enrollment" means the total enrollment of all students in the state enrolled in a charter school in grades kindergarten through grade 12, based on October 1 enrollment counts. (2) "Annual state enrollment" m…

53G-5-602. Utah Charter School Finance Authority created -- Members -- Compensation -- Services. (1) There is created a body politic and corporate known as the Utah Charter School Finance Authority. The authority is created to provide an efficient and cost-effective method of fin…

53G-5-603. Powers and duties of authority. (1) The authority shall have perpetual succession as a body politic and corporate. (2) The authority may: (a) sue and be sued in its own name; (b) have, and alter at will, an official seal; (c) contract with experts, advisers, consultant…

53G-5-604. Limited obligations. Except as provided in Section 53G-5-607, 53G-5-608, or 53G-5-609, bonds, notes, and other obligations issued by the authority: (1) do not constitute a debt, moral obligation, or liability of the state, or of any county, city, town, school district,…

53G-5-605. State to succeed to property of authority when encumbrances paid or authority dissolved. (1) If the authority is dissolved at any time, for any reason, all funds, property, rights, and interests of the authority, following the satisfaction of the authority's obligation…

53G-5-606. Charter School Credit Enhancement Program -- Standards for the designation of qualifying charter schools -- Debt service reserve fund requirements. (1) There is created the Charter School Credit Enhancement Program to assist a qualifying charter school in obtaining fav…

53G-5-607. Charter School Reserve Account contribution requirements for qualifying charter schools. (1) When bonds are issued under the credit enhancement program for a qualifying charter school, the qualifying charter school shall contribute money to the reserve account in the a…

53G-5-608. Bond issuance. (1)(a) The state may not alter, impair, or limit the rights of bondholders or persons contracting with a qualifying charter school until the bonds, including interest and other contractual obligations, are fully met and discharged. (b) Nothing in this pa…

53G-5-609. Limitation on participation in Charter School Credit Enhancement Program. (1) In accordance with Subsection (2), on or before January 1 of each year, the authority shall determine the credit enhancement program's bond issuance limitation. (2) The authority may not issu…