File No. 34333

This rule was published in the January 15, 2011, issue (Vol. 2011, No. 2) of the Utah State Bulletin.

Education, Administration

Section R277-470-12

Charter School Oversight and Monitoring

Notice of Proposed Rule


DAR File No.: 34333
Filed: 12/30/2010 07:07:19 AM


Purpose of the rule or reason for the change:

This rule is amended to include language explaining a charter school performance framework and the State Charter School Board's intent to take appropriate action based on charter schools' compliance in a performance management program.

Summary of the rule or change:

The amendments add language in Section R277-470-12 about charter school performance framework.

State statutory or constitutional authorization for this rule:

  • Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments apply to Board-chartered schools and do not financially impact the state.

local governments:

There are no anticipated costs or savings to local government. A performance framework is now clearly explained but creates no additional costs to charter schools.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments apply to public charter schools and do not affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The rule affects Board-chartered schools and does not affect individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. A performance framework is now clearly explained and included with other requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

  • Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:


This rule may become effective on:


Authorized by:

Carol Lear, Director, School Law and Legislation


R277. Education, Administration.

R277-470. Charter Schools.

R277-470-12. Charter School Oversight and Monitoring.

A. The State Charter School Board shall provide direct oversight to the state's Board chartered schools, including:

(1) requiring and using a performance framework adopted by the State Charter School Board as a framework for measuring charter school quality;

([1]2) requiring that all charter schools shall be members of and accredited by Northwest Accreditation Commission;

([2]3) annual review of student achievement indicators for all schools, disaggregated for various student subgroups;

([3]4) quarterly review of summary financial records and disbursements and student enrollment;

([4]5) annual review conducted through site visits or random audits of personnel matters such as employee licensure and evaluations;

([5]6) regular review of other matters specific to effective charter school operations as determined by the USOE charter school staff;

([6]7) audits and investigations of claims of fraud or misuse of public assets or funds; and

([7]8) requiring that charter schools are in compliance with their charter agreement, as maintained by the USOE. It is presumed that the charter agreement maintained by the USOE is the final, official and complete agreement.

B. The Board [retains the right to]may review or [repeal]revoke charter school authorization based upon factors that may include:

(1) failure to meet measures of charter school quality which includes adherence to a performance framework required and monitored by the State Charter School Board;

([1]2) financial deficiencies or irregularities; or

([2]3) persistently low student achievement inconsistent with comparable schools; or

([3]4) failure of the charter school to comply with state law, Board rules, or directives; or

([4]5) failure to comply with currently approved charter commitments.

C. All charter schools shall amend their charters by January 1, 2011 to include the following statement:

To the extent that any charter school's charter conflicts with applicable federal or state law or rule, the charter shall be interpreted and enforced to comply with such law or rule and all other provisions of the charter school shall remain in full force and effect.

D. A charter school shall notify the Board and the chartering entity of any and all lawsuits filed against the charter school within 30 days of the filing of the lawsuit.

E. District charter school authorizers shall:

(1) visit a charter school at least once during its first year of operation;

(2) visit a charter school as determined in the review process; and

(3) provide written reports to the charter schools after the visits.


KEY: education, charter schools

Date of Enactment or Last Substantive Amendment: [December 9, 2010]2011

Notice of Continuation: October 10, 2008

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1a-515; 53A-1a-505; 53A-1a-513; 53A-1a-502; 53A-1-401(3); 53A-1a-510; 53A-1a-509; 41-6-115; 53A-1a-506; 53A-21-401; 53A-1a-519; 53A-1a-520; 53A-1a-501.5; 53A-1-301; 53A-1a-502.5; 53A-1a-506.5; 53A-12-103; 53A-11-504; 53A-11-903; 53A-11-904; 53A-1a-511; 53A-1-302 and 303; 53A-17a;109; 53-8-211; 62A-4a-403; 53A-11-605



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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at