reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 9 - Surplus School District Land › Section 901 - Definitions.

Effective 1/24/2018
53G-4-901.
Definitions.
As used in this part:
(1) "Eligible entity" means:
(a) a city or town with a population density of 3,000 or more people per square mile; or
(b) a county whose unincorporated area includes a qualifying planning advisory area.
(2) "Purchase price" means the greater of:
(a) an amount that is the average of:
(i) the appraised value of the surplus property, based on the predominant zone in the surrounding area, as indicated in an appraisal obtained by the eligible entity; and
(ii) the appraised value of the surplus property, based on the predominant zone in the surrounding area, as indicated in an appraisal obtained by the school district; and
(b) the amount the school district paid to acquire the surplus property.
(3) "Qualifying planning advisory area" means a planning advisory area under Section 17-27a-306 that has a population density of 3,000 or more people per square mile within the boundaries of the planning advisory area.
(4) "Surplus property" means land owned by a school district that:
(a) was purchased with taxpayer money;
(b) is located within a city or town that is an eligible entity or within a qualifying planning advisory area;
(c) consists of one contiguous tract at least three acres in size; and
(d) has been declared by the school district to be surplus.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 9 - Surplus School District Land › Section 902 - Purchase of surplus property.

Effective 1/24/2018
53G-4-902.
Purchase of surplus property.
(1) An eligible entity may purchase, and each school district shall sell, surplus property as provided in this section.
(2)
(a) Upon declaring land to be surplus property, each school district shall give written notice to each eligible entity in which the surplus property is located.
(b) Each notice under Subsection (2)(a) shall:
(i) state that the school district has declared the land to be surplus property; and
(ii) describe the surplus property.
(3) Subject to Subsection (4), an eligible entity may purchase the surplus property by paying the school district the purchase price.
(4)
(a) The legislative body of each eligible entity desiring to purchase surplus property under this section shall:
(i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a resolution declaring the intent to purchase the surplus property and deliver a copy of the resolution to the school district; and
(ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i) to the school district, deliver to the school district an earnest money offer to purchase the surplus property at the purchase price.
(b) If an eligible entity fails to comply with either of the requirements under Subsection (4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the surplus property.
(5)
(a) An eligible entity may waive its right to purchase surplus property under this part by submitting a written waiver to the school district.
(b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has no further obligation under this part to sell the surplus property to the eligible entity.
(6) Surplus property acquired by an eligible entity may not be used for any purpose other than:
(a) a county, city, or town hall;
(b) a park or other open space;
(c) a cultural center or community center;
(d) a facility for the promotion, creation, or retention of public or private jobs within the state through planning, design, development, construction, rehabilitation, business relocation, or any combination of these, within a county, city, or town;
(e) office, industrial, manufacturing, warehousing, distribution, parking, or other public or private facilities, or other improvements that benefit the state or a county, city, or town; or
(f) a facility for a charter school under Chapter 5, Charter Schools.
(7)
(a) A school district that sells surplus property under this part may use proceeds from the sale only for bond debt reduction or school district capital facilities.
(b) Each school district that sells surplus property under this part shall place all proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of the school district for use for school district capital facilities.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 9 - Surplus School District Land › Section 903 - Resale of surplus property.

Effective 1/24/2018
53G-4-903.
Resale of surplus property.
(1) If an eligible entity that has acquired surplus property under Section 53G-4-902 afterwards declares that property to be surplus, the school district from which the eligible entity acquired the property may purchase, and the eligible entity shall sell, the property as provided in Section 53G-4-902, except that the price at which the school district shall be entitled to reacquire the property shall be the price that the eligible entity paid for the property, plus the cost of any existing improvements that the eligible entity made to the property after it purchased the property.
(2) If the school district does not reacquire the surplus property under Subsection (1) and the eligible entity sells the surplus property to another buyer, the eligible entity and the school district shall equally share any proceeds of that sale that exceed the amount the eligible entity paid for the property plus the cost of any existing improvements the eligible entity made to the property after it purchased the property.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 10 - School Construction Due to New Industrial Plants › Section 1002 - New industrial plants in school district -- Duty of school district.

Effective 1/24/2018
53G-4-1002.
New industrial plants in school district -- Duty of school district.
A school district confronted with actual or anticipated large increases in enrollment because of the construction of a new industrial plant or plants to a degree that new buildings or additions to existing buildings are required shall make the following efforts to raise funds to meet those building needs:
(1) bond to its maximum capacity and maintain maximum bonding by rebonding at least once every other year until building needs are met;
(2) maintain an annual property tax levy for capital outlay and debt service combined of not less than .0036 per dollar of taxable value; and
(3) initiate any action necessary to qualify for any state, federal, or other funds for capital outlay for which the district may be eligible.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 10 - School Construction Due to New Industrial Plants › Section 1003 - Funds raised -- Highest priority projects.

Effective 5/14/2019
53G-4-1003.
Funds raised -- Highest priority projects.
(1) Funds raised by the school district in accordance with this part shall be used on the highest priority projects established by the district's five-year comprehensive capital outlay plan, which shall be approved by the state board.
(2) The plan must include appropriate priorities for the construction of minimal facilities for new students.
(3) If priority use of the funds raised by the district in accordance with this part does not provide minimal facilities as defined by the state board for students in any new and remote community established in the district, or for students in existing communities because of the location of new or expanded industries in the area, the district may enter into lease-purchase agreements or lease with option to purchase agreements with private builders to furnish the minimal facilities required by the district and approved by the state board.
(4) The district may make payments on these agreements from any of its otherwise uncommitted capital outlay funds.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 10 - School Construction Due to New Industrial Plants › Section 1004 - Minimal school facilities -- Lease-purchase or lease with option to purchase agreement authorized.

Effective 5/14/2019
53G-4-1004.
Minimal school facilities -- Lease-purchase or lease with option to purchase agreement authorized.
(1) If a school district is unable to find any private builder who is capable of furnishing minimal school facilities in new or existing communities, on terms acceptable to the district and to the state board, the developers of the industrial plant, or plants, may agree to provide minimal school facilities under a lease-purchase agreement or lease with option to purchase agreement with the district.
(2) The district shall pay the developers according to the terms of the agreement from sources listed for such payments in this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 10 - School Construction Due to New Industrial Plants › Section 1005 - Remote industrial plant requiring new school building -- Construction permit requirements.

Effective 1/24/2018
53G-4-1005.
Remote industrial plant requiring new school building -- Construction permit requirements.
A state officer or local governmental official may not issue a construction permit or other authorization for the construction of a remote industrial plant requiring the provision of a new community, including new public elementary and secondary school buildings, until the local school board of the district in which the plant will be located has certified to the state office or local official, in writing, that the district has obtained the funds, or a firm commitment that funds will be made available as necessary, to build the required minimal school facilities.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 10 - School Construction Due to New Industrial Plants › Section 1006 - Rules and regulations authorized.

Effective 5/14/2019
53G-4-1006.
Rules and regulations authorized.
The state board shall adopt all standards and rules necessary for the administration and enforcement of this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2022
53G-5-102.
Definitions.
As used in this chapter:
(1) "Asset" means property of all kinds, real and personal, tangible and intangible, and includes:
(a) cash;
(b) stock or other investments;
(c) real property;
(d) equipment and supplies;
(e) an ownership interest;
(f) a license;
(g) a cause of action; and
(h) any similar property.
(2) "Board of trustees of a higher education institution" or "board of trustees" means:
(a) the board of trustees of:
(i) the University of Utah;
(ii) Utah State University;
(iii) Weber State University;
(iv) Southern Utah University;
(v) Snow College;
(vi) Utah Tech University;
(vii) Utah Valley University; or
(viii) Salt Lake Community College; or
(b) a technical college board of trustees described in Section 53B-2a-108.
(3) "Charter school authorizer" or "authorizer" means an entity listed in Section 53G-5-205 that authorizes a charter school.
Amended by Chapter 1, 2021 Special Session 2
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 1 - General Provisions › Section 103 - Charter school funding.

Effective 1/24/2018
53G-5-103.
Charter school funding.
Unless otherwise specified, the provisions of Title 53F, Public Education System -- Funding, govern charter school funding, including Title 53F, Chapter 2, Part 7, Charter School Funding, which governs levies imposed for charter school funding.
Enacted by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 1 - General Provisions › Section 104 - Purpose of charter schools.

Effective 1/24/2018
53G-5-104.
Purpose of charter schools.
The purposes of the state's charter schools as a whole are to:
(1) continue to improve student learning;
(2) encourage the use of different and innovative teaching methods;
(3) create new professional opportunities for educators that will allow them to actively participate in designing and implementing the learning program at the school;
(4) increase choice of learning opportunities for students;
(5) establish new models of public schools and a new form of accountability for schools that emphasizes the measurement of learning outcomes and the creation of innovative measurement tools;
(6) provide opportunities for greater parental involvement in management decisions at the school level; and
(7) expand public school choice in areas where schools have been identified for school improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 2 - State Charter School Board › Section 201 - State Charter School Board created.

Effective 5/12/2020
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) The State Charter School Board is created consisting of the following members appointed by the governor with the advice and consent of the Senate:
(i) one member who has expertise in finance or small business management;
(ii) three members who:
(A) are nominated by an organization that represents Utah's charter schools; and
(B) have expertise or experience in developing or administering a charter school;
(iii) two members who are nominated by the state board; and
(iv) one member who:
(A) has expertise in personalized learning, including digital teaching and learning or deliberate practice; and
(B) supports innovation in education.
(b) Each appointee shall have demonstrated dedication to the purposes of charter schools as outlined in Section 53G-5-104.
(c) At least two candidates shall be nominated for each appointment made under Subsection (2)(a)(ii) or (iii).
(d) The governor may seek nominations for a prospective appointment under Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
(3)
(a) State Charter School Board members shall serve four-year terms.
(b) If a vacancy occurs, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term.
(4) The governor may remove a member at any time for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
(5)
(a) The State Charter School Board shall annually elect a chair from its membership.
(b) Four members of the State Charter School Board shall constitute a quorum.
(c) Meetings may be called by the chair or upon request of three members of the State Charter School Board.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 2 - State Charter School Board › Section 202 - Status and powers of State Charter School Board.

Effective 7/1/2021
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, charter schools authorized by the State Charter School Board; and
(ii) charge fees for the provision of services or functions.
(2) The state board shall:
(a) approve the annual budget and expenditures of the State Charter School Board; and
(b) otherwise grant autonomy to the State Charter School Board to manage the State Charter School Board's budget.
Amended by Chapter 439, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 2 - State Charter School Board › Section 203 - State Charter School Board -- Staff director -- Facilities.

Effective 7/1/2021
53G-5-203.
State Charter School Board -- Staff director -- Facilities.
(1)
(a) The State Charter School Board, with the consent of the state superintendent, 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 with the consent of the state superintendent.
(c) The position of staff director is exempt from the career service provisions of Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The state superintendent shall provide space for staff of the State Charter School Board in facilities occupied by the state board or the state board's employees, with costs charged for the facilities equal to those charged other sections and divisions under the state board.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 2 - State Charter School Board › Section 204 - Charter school innovative practices -- Report to State Charter School Board.

Effective 1/24/2018
53G-5-204.
Charter school innovative practices -- Report to State Charter School Board.
Prior to July 31 of each year, a charter school may identify and report to the State Charter School Board its innovative practices which fulfill the purposes of charter schools as outlined in Section 53G-5-104, including:
(1) unique learning opportunities providing increased choice in education;
(2) new public school models;
(3) innovative teaching practices;
(4) opportunities for educators to actively participate in the design and implementation of the learning program;
(5) new forms of accountability emphasizing the measurement of learning outcomes and the creation of new measurement tools;
(6) opportunities for greater parental involvement, including involvement in management decisions; and
(7) the impact of the innovative practices on student achievement.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 3 - Charter School Authorization › Section 301 - State Charter School Board to request applications for certain types of charter schools.

Effective 5/14/2019
53G-5-301.
State Charter School Board to request applications for certain types of charter schools.
(1) To meet the unique learning styles and needs of students, the State Charter School Board shall seek to expand the types of instructional methods and programs offered by schools, as provided in this section.
(2)
(a) The State Charter School Board shall request individuals, groups of individuals, or not-for-profit legal entities to submit an application to the State Charter School Board to establish a charter school that employs new and creative methods to meet the unique learning styles and needs of students, such as:
(i) a military charter school;
(ii) a charter school whose mission is to enhance learning opportunities for students at risk of academic failure;
(iii) a charter school whose focus is career and technical education;
(iv) a single gender charter school; or
(v) a charter school with an international focus that provides opportunities for the exchange of students or teachers.
(b) In addition to a charter school identified in Subsection (2)(a), the State Charter School Board shall request applications for other types of charter schools that meet the unique learning styles and needs of students.
(3) The State Charter School Board shall publicize a request for applications to establish a charter school specified in Subsection (2).
(4) A charter school application submitted pursuant to Subsection (2) shall be subject to the application and approval procedures specified in Section 53G-5-304.
(5) The State Charter School Board and the state board may approve one or more applications for each charter school specified in Subsection (2), subject to the Legislature appropriating funds for, or authorizing, an increase in charter school enrollment capacity as provided in Section 53G-6-504.
(6) The state board shall submit a request to the Legislature to appropriate funds for, or authorize, the enrollment of students in charter schools tentatively approved under this section.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 3 - Charter School Authorization › Section 304 - Charter schools authorized by the State Charter School Board -- Application process -- Prohibited basis of application denial.

Effective 5/12/2020
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 the local school board of the school district in which the proposed charter school shall be located either before or at the same time it files its application with the State Charter School Board.
(b) The local school board may review the application and may offer suggestions or recommendations to the applicant or the State Charter School Board prior to its acting on the application.
(c) The State Charter School Board shall give due consideration to suggestions or recommendations made by the local school board under Subsection (1)(b).
(d) The State Charter School Board shall review and, by majority vote, either approve or deny the application.
(e) A charter school application may not be denied on the basis that the establishment of the charter school will have any or all of the following impacts on a public school, including another charter school:
(i) an enrollment decline;
(ii) a decrease in funding; or
(iii) a modification of programs or services.
(2) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make a rule providing a timeline for the opening of a charter school following the approval of a charter school application by the State Charter School Board.
(3) After approval of a charter school application and in accordance with Section 53G-5-303, the applicant and the State Charter School Board shall set forth the terms and conditions for the operation of the charter school in a written charter agreement.
(4) The State Charter School Board shall, in accordance with state board rules, establish and make public the State Charter School Board's:
(a) application requirements, in accordance with Section 53G-5-302;
(b) application process, including timelines, in accordance with this section; and
(c) minimum academic, financial, and enrollment standards.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 3 - Charter School Authorization › Section 307 - Charter school authorization -- Initial review period.

Effective 5/12/2020
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 year of the initial review period, the authorizer shall comply with the accountability and review procedures described in Section 53G-5-406.
(3) The authorizer may extend the initial review period for one year, up to two times during the initial review period.
(4) At the end of the initial review period, the authorizer shall:
(a) grant the charter school ongoing approval; or
(b) terminate the charter agreement, subject to the requirements of Section 53G-5-503.
(5) The authorizer shall, under the minimum standards described in Section 53G-5-205, base the decision to grant ongoing approval or terminate the charter agreement on:
(a) the charter school's compliance with the terms of the charter agreement;
(b) whether the charter school is meeting academic standards in the charter school's charter agreement;
(c) the charter school's financial viability; and
(d) the charter school's capacity to meet governance standards.
(6) A charter school that is granted initial approval under this section may not participate in the Charter School Credit Enhancement Program until the authorizer grants ongoing approval of the charter school's charter.
Enacted by Chapter 192, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 3 - Charter School Authorization › Section 308 - Adoption of standards, guidelines, or policies.

Effective 5/3/2023
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 a requirement or measurement of performance imposed by an applicable charter school authorizer on two or more charter schools authorized by the applicable charter school authorizer.
(2)
(a) An applicable charter school authorizer shall adopt a procedure for the imposition of a standard, guideline, or policy that is substantially similar to the rulemaking procedure under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including procedures for notice and receipt of public comment.
(b) An applicable charter school authorizer may not impose a standard, guideline, or policy unless the applicable charter school authorizer follows the procedure adopted under Subsection (2)(a).
(3) A standard, guideline, or policy imposed on or after July 1, 2023, by an applicable charter school authorizer is not valid if the applicable charter school authorizer does not follow the procedures adopted under Subsection (2)(a) in imposing the standard, guideline, or policy.
Enacted by Chapter 235, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 401 - Status of charter schools.

Effective 1/24/2018
53G-5-401.
Status of charter schools.
(1) Charter schools are:
(a) considered to be public schools within the state's public education system;
(b) subject to Subsection 53E-3-401(8); and
(c) governed by independent boards and held accountable to a legally binding written contractual agreement.
(2) A charter school may be established by:
(a) creating a new school; or
(b) converting an existing public school to charter status.
(3) A parochial school or home school is not eligible for charter school status.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 402 - Property tax exemption for property owned by a charter school.

Effective 1/24/2018
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.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 403 - Charter school assets.

Effective 5/14/2019
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 grantor specifically provides otherwise in writing, all assets described in Subsection (1)(a) shall be presumed to be made to the charter school and shall be included in the charter school's assets.
(2) It is unlawful for any person affiliated with a charter school to demand or request any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the charter school as a condition for employment or enrollment at the school or continued attendance at the school.
(3) All assets purchased with charter school funds shall be included in the charter school's assets.
(4) A charter school may not dispose of its assets in violation of the provisions of this chapter or other related provisions, state board rules, policies of its charter school authorizer, or its charter agreement, including the provisions governing the closure of a charter school under Section 53G-5-504.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 406 - Accountability -- Rules.

Effective 5/12/2020
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 its charter school authorizer, during its first year of operation;
(2) require an authorizer to:
(a) visit a charter school at least once during:
(i) its first year of operation; and
(ii) the review period described under Subsection (3); and
(b) provide written reports to its charter schools after the visits; and
(3) establish a review process that is required of a charter school once every five years by its authorizer.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 408 - Criminal background checks on school personnel.

Effective 5/14/2019
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 Section 53G-11-402:
(1) an employee of a charter school who does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure;
(2) a volunteer for a charter school who is given significant unsupervised access to a student in connection with the volunteer's assignment;
(3) a contract employee, as defined in Section 53G-11-401, who works at a charter school; and
(4) a charter school governing board member.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 409 - Regulated transactions and relationships -- Definitions -- Rulemaking.

Effective 5/14/2019
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 charter school is organized and managed; or
(iii) the chief administrative officer of a charter school.
(b)
(i) "Employment" means a position in which a person's salary, wages, pay, or compensation, whether as an employee or contractor, is paid from charter school funds.
(ii) "Employment" does not include a charter school volunteer.
(c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
(2)
(a) Except as provided in Subsection (2)(b), a relative of a charter school officer may not be employed at a charter school.
(b) If a relative of a charter school officer is to be considered for employment in a charter school, the charter school officer shall:
(i) disclose the relationship, in writing, to the other charter school officers;
(ii) submit the employment decision to the charter school's governing board for the approval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from the portion of the meeting where the employment is being considered and determined.
(3)
(a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a relative of a charter school officer may not have a financial interest in a contract or other transaction involving a charter school in which the charter school officer serves as a charter school officer.
(b) If a charter school's governing board considers entering into a contract or executing a transaction in which a charter school officer or a relative of a charter school officer has a financial interest, the charter school officer shall:
(i) disclose the financial interest, in writing, to the other charter school officers;
(ii) submit the contract or transaction decision to the charter school's governing board for the approval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from the portion of the meeting where the contract or transaction is being considered and determined.
(c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of employment for:
(i) the chief administrative officer of a charter school; or
(ii) a relative of the chief administrative officer of a charter school whose employment is approved in accordance with the provisions in Subsection (2).
(4) The state board or State Charter School Board may not operate a charter school.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 410 - Safe technology utilization and digital citizenship.

Effective 5/14/2019
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 awareness on safe technology utilization and digital citizenship that empowers:
(a) a student to make smart media and online choices; and
(b) a parent to know how to discuss safe technology use with the parent's child;
(2) shall partner with the school's principal and other administrators to ensure that adequate on and off campus Internet filtering is installed and consistently configured to prevent viewing of harmful content by students and school personnel, in accordance with charter school governing board policy and Subsection 53G-7-216(3); and
(3) may partner with one or more non-profit organizations to fulfill the duties described in Subsections (1) and (2).
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 411 - Charter school fiscal year -- Statistical reports.

Effective 5/14/2019
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, to the state superintendent on or before November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete the statement of funds required under Section 53E-1-203.
(3) A charter school shall forward the accounting report required under Section 51-2a-201 to the state superintendent on or before October 15 of each year.
Amended by Chapter 293, 2019 General Session
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 412 - Contract with regional education service agencies.

Effective 5/12/2020
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 education service agency.
Amended by Chapter 253, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 413 - Charter school governing board meetings -- Rules of order and procedure.

Effective 5/14/2019
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
(c) civil discourse.
(2) A charter school governing board shall:
(a) adopt rules of order and procedure to govern a public meeting of the charter school governing board;
(b) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (2)(a); and
(c) make the rules of order and procedure described in Subsection (2)(a) available to the public:
(i) at each public meeting of the charter school governing board; and
(ii) on the charter school governing board's public website, if available.
(3) The requirements of this section do not affect a charter school governing board's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 4 - Powers and Duties › Section 414 - Required provision of period products in schools.

Effective 5/4/2022
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 charter school shall:
(a) provide period products free of charge to students in each female or unisex restroom within an elementary, middle, junior, or high school or school facility which students use; and
(b) inform public school students of the availability of the period products as described in this section.
(3) To address the cost of the requirements of this section, a charter school shall:
(a) use funds that the Legislature appropriates specifically for the provision of period products; and
(b) incorporate the provision of period products into local ongoing capital operations and maintenance budgets no later than July 1, 2025.
(4) The state board shall:
(a) oversee the implementation of the requirements of this section; and
(b) monitor compliance with this section.
Enacted by Chapter 309, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 5 - Noncompliance, Charter Termination, and Liability › Section 505 - Tort liability.

Effective 5/14/2019
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 corporation under which the charter school is organized and managed, and the school are solely liable for any damages resulting from a legal challenge involving the operation of the school.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 601 - Definitions.

Effective 1/24/2018
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" means the total enrollment of all students in the state enrolled in a public school in grades kindergarten through grade 12, based on October 1 enrollment counts.
(3) "Authority" means the Utah Charter School Finance Authority created by this part.
(4) "Board" means the governing board of the authority described in Section 53G-5-602.
(5) "Charter school" means a school created under this chapter.
(6) "Credit enhancement program" means the Charter School Credit Enhancement Program established in Section 53G-5-606.
(7) "Debt service reserve fund" means the reserve fund created or established by, or for the benefit of, a qualifying charter school for the purpose of paying principal of and interest on bonds issued under the credit enhancement program as the payments become due and other money of the qualifying charter school is not available to make the payments.
(8) "Debt service reserve fund requirement" means, as of a particular date of computation, and with respect to a particular issue of bonds, the amount required to be on deposit in the debt service reserve fund, which amount:
(a) may be a sum certain or as set forth in a formula; and
(b) may not be less than the maximum annual debt service requirement for the related bonds.
(9)
(a) "Obligations" mean any notes, debentures, revenue bonds, or other evidences of financial indebtedness, except as provided in Subsection (9)(b).
(b) "Obligations" do not include general obligation bonds.
(10) "Project" means:
(a) any building, structure, or property owned, to be acquired, or used by a charter school for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or
(b) any capital equipment owned, to be acquired, or used by a charter school for any of its educational purposes, interests in land, and grounds, together with the personal property necessary, convenient, or appurtenant to them.
(11) "Qualifying charter school" means a charter school that:
(a) meets standards adopted by the authority for participation in the credit enhancement program; and
(b) is designated by the authority as a qualifying charter school for purposes of participation in the credit enhancement program.
(12) "Reserve account" means the Charter School Reserve Account created in Section 53F-9-303.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 602 - Utah Charter School Finance Authority created -- Members -- Compensation -- Services.

Effective 5/14/2019
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 financing charter school facilities.
(2) The governing board of the authority shall be composed of:
(a) the governor or the governor's designee;
(b) the state treasurer; and
(c) the state superintendent or the state superintendent's designee.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(4) Upon request, the state board shall provide staff support to the authority.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 603 - Powers and duties of authority.

Effective 1/24/2018
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, consultants, and agents for needed services;
(d) receive and accept aid or contributions from any source, including the United States or this state, in the form of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this part, subject to the conditions upon which the aid and contributions are made, for any purpose consistent with this part;
(e) exercise the powers granted to municipalities and counties pursuant to Title 11, Chapter 17, Utah Industrial Facilities and Development Act, including the power to borrow money and issue obligations, including refunding obligations, subject to the same limitations as that imposed on a municipality or county under the act, except:
(i) the authority may only exercise powers under the act to finance or refinance a project as defined in Section 53G-5-601; and
(ii) the authority's area of operation shall include all areas of the state;
(f) employ advisers, consultants, and agents, including financial experts, independent legal counsel, and any advisers, consultants, and agents as may be necessary in its judgment and fix their compensation;
(g) make and execute contracts and other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(h) in accordance with Section 53G-5-606, designate a charter school as a qualifying charter school for purposes of participation in the credit enhancement program; and
(i) have and exercise any other powers or duties that are necessary or appropriate to carry out and effectuate the purposes of this part.
(3) Except as provided in Section 53G-5-607, 53G-5-608, or 53G-5-609, the Utah Charter School Finance Authority may not exercise power in any manner which would create general or moral obligations of the state or of any agency, department, or political subdivision of the state.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 604 - Limited obligations.

Effective 1/24/2018
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, or any other political subdivision of the state;
(2) do not constitute the loan of credit of the state or of any county, city, town, school district, or any other political subdivision of the state; and
(3) may not be paid from funds other than loan payments or lease revenues received from a charter school or other funds pledged by a charter school.
Renumbered and Amended by Chapter 3, 2018 General Session