53G-5-205. Charter school authorizers -- Power and duties -- Charter application minimum standard.

557 words·~3 min read·/ut/title-53g/chapter-5/53g-5-205·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(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 of trustees, as that term is defined in Section 53G-5-102 .

(2)A charter school authorizer shall:

(a)authorize and promote the establishment of charter schools;

(b)before an application for charter school authorization is submitted to a charter school authorizer, review and evaluate the proposal to support and strengthen the charter school authorization proposal;

(c)review and evaluate the performance of charter schools authorized by the authorizer and hold a charter school accountable for the performance measures established in the charter school's charter agreement;

(d)assist charter schools in understanding and carrying out the charter school's charter obligations;

(e)provide technical support to charter schools and persons seeking to establish charter schools by:

(i)identifying and promoting successful charter school models;

(ii)facilitating the application and approval process for charter school authorization; or

(iii)directing charter schools and persons seeking to establish charter schools to sources of funding and support; and

(f)designate an existing employee to coordinate with the charter school liaison described in Section 53G-5-202 .

(3)A charter school authorizer may:

(a)make recommendations to the Legislature on legislation pertaining to charter schools;

(b)make recommendations to the state board on charter school rules and charter school funding; or

(c)provide technical support, as requested, to another charter school authorizer relating to charter schools.

(4)Within 60 days after the day on which an authorizer approves an application for a new charter school, the state board may direct an authorizer to do the following if the authorizer or charter school applicant failed to follow statutory or state board rule requirements made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(a)reconsider the authorizer's approval of an application for a new charter school; and

(b)correct deficiencies in the charter school application or authorizer's application process as described in statute or state board rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, before approving the new application.

(5)The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing minimum standards that a charter school authorizer is required to apply when evaluating a charter school application.

(6)The minimum standards described in Subsection

(5)shall include:

(a)reasonable consequences for an authorizer that fails to comply with statute or state board rule;

(b)a process for an authorizer to review:

(i)the skill and expertise of a proposed charter school's governing board; and

(ii)the functioning operation of the charter school governing board of an authorized charter school;

(c)a process for an authorizer to review the financial viability of a proposed charter school and of an authorized charter school;

(d)a process to evaluate:

(i)how well an authorizer's authorized charter school complies with the charter school's charter agreement;

(ii)whether an authorizer's authorized charter school maintains reasonable academic and education standards; and

(iii)standards that an authorizer is required to meet to demonstrate the authorizer's capacity to oversee and evaluate the charter schools the authorizer authorizes.

Amended by Chapter 388 , 2025 General Session