File No. 34333
This rule was published in the January 15, 2011, issue (Vol. 2011, No. 2) of the Utah State Bulletin.
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.
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.
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:Education
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 email@example.com
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:
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 that all charter schools shall be members of
and accredited by Northwest Accreditation Commission;
2]) annual review of student achievement indicators for all
schools, disaggregated for various student subgroups;
3]) quarterly review of summary financial records and
disbursements and student enrollment;
4]) annual review conducted through site visits or random
audits of personnel matters such as employee licensure and
5]) regular review of other matters specific to effective
charter school operations as determined by the USOE charter school
6]) audits and investigations of claims of fraud or misuse of
public assets or funds; and
7]) 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] review or [ repeal] charter school authorization based upon factors that
1]) financial deficiencies or irregularities; or
2]) persistently low student achievement inconsistent with
comparable schools; or
3]) failure of the charter school to comply with state law,
Board rules, or directives; or
4]) failure to comply with currently approved charter
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]
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
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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 firstname.lastname@example.org.