DAR File No. 40289

Education, Administration

Rule R277-482

Charter School Timelines and Approval Processes

Notice of Proposed Rule

(Amendment)

DAR File No.: 40289
Filed: 03/30/2016 02:11:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-482 is amended to provide timelines for reporting an approved charter school expansion or satellite school; to comply with changes in statute; to remove redundant language also found in statute; to add necessary definitions; to clarify standards and expectations; and to provide technical and conforming changes.

Summary of the rule or change:

The amendments to Rule R277-482 add and revise definitions; change the requirement for USOE to maintain the charter agreement; change the reporting date for the State Charter School Board (SCSB) to report an approved expansion or addition of a satellite school to the Superintendent; require an authorizer to report an approved expansion or addition of a satellite school; change language about training sessions; expand website requirements; remove language about priority to applications; give flexibility to an authorizer to negotiate a new charter school's start date; clarify what an application may require from a school requesting to change authorizers and remove the timeline for consideration; remove expansion language and remove language about total number of charter school students authorized; clarify that the parent school and satellites are considered a single LEA; and make technical changes to numbering and terminology.

State statutory or constitutional authorization for this rule:

• Section 53A-1a-504
• Article X, Section 3
• Section 53A-1-401
• Section 53A-1a-515
• Section 53A-1a-505
• Section 53A-1a-513
• Section 53A-1a-521
• Charter School Expansion Act of 1998

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, which likely will not result in a cost or savings to small businesses.

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

The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to the rule.

Sydnee Dickson, Interim State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

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:

05/16/2016

This rule may become effective on:

05/23/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-482. Charter School Timelines and Approval Processes.

R277-482-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision over public education in the Board[,];

(b) Section 53A-1-401[(3)], which allows the Board to adopt rules in accordance with its responsibilities[, and];

(c) Section 53A-1a-504, which requires the Board to make rules regarding a charter school expansion or satellite campus;

(d) Sections 53A-1a-505, 53A-1a-515, and 53A-1a-521, which require the Board to make a rule providing a timeline for the opening of a charter school;

(e) Section 53A-1a-513, which directs the Board to distribute funds for charter school students directly to the charter school[,]; and

(f) the Charter School Expansion Act of 1998, 20 U.S.C.[,] Sec[tion]. 8063[(3)], which directs the Board to submit specific information prior to a charter school 's['] receipt of federal funds.

[B.](2) The purpose of this rule is to establish procedures for timelines and approval processes for charter schools.

 

R277-482-[1]2 . Definitions.

[A.](1) "Amendment[,]" [for purposes of this rule, ]means a change or addition to [the]a charter agreement.

[B. "Board" means the Utah State Board of Education.]

[C. "Chartering entities" means entities that authorize a charter school under Section 53A-1a-501.3(2).]

[D. "Charter schools" means schools acknowledged as charter schools by chartering entities under Sections 53A-1a-515, 53A-1a-521, and this rule or by the Board under Section 53A-1a-505.]

[E.](2) "Charter[school] agreement[(charter agreement)]" means the [terms and conditions for the operation of an approved charter school. The charter school agreement shall be maintained at the USOE and is considered the final, official and complete agreement]same as that term is defined in Section 53A-1a-501.3.

[F. "Charter school application" means the official chartering document by which a prospective charter school seeks recognition and funding under Section 53A-1a-505. The application includes the basic elements of the charter to be established between the charter school and the chartering board.]

(3) "Charter school authorizer" means the same as that term is defined in Section 53A-1a-501.3

[G.](4) "Charter school governing board" means the board designated [by the charter school]in a charter agreement to make decisions for the governance and operation of [the]a charter school.

[H.](5) "Expansion" means a proposed increase of students or adding a grade level[(s)] in an operating charter school [at a single location]with the same school number.

[I.](6) "Satellite charter school" means a charter school affiliated with an operating charter school[having a common], which has the same charter school governing board and a similar program of instruction, but [located at a different site. The parent school and all satellites shall be considered a single local education agency (LEA) for purposes of public school funding and reporting.]has a different school number than the affiliated charter school.

(7) "School number" means a number that identifies a school within an LEA that:

(a) receives money from the state;

(b) enrolls or prospectively enrolls a full-time student;

(c) employs an educator as an instructor who provides instruction consistent with Section R277-502-5;

(d) has one or more assigned administrators;

(e) is accredited consistent with Section R277-410-3; and

(f) administers a required statewide assessment to a student.

[J. "State Charter School Board" means the board designated in Section 53A-1a-501.5.]

[K. "USOE" means the Utah State Office of Education.]

 

R277-482-3. State Charter School Board [Application and]Applicant Training.

[A.](1) A[ll] charter school applicant[s]that is seeking to have a charter authorized by the State Charter School Board shall attend :

(a) pre-application training;

(b) [and ]planning year training[sessions, as well as]; and

(c) other training sessions designated by the State Charter School Board.

[B.](2) The State Charter School Board shall schedule [P]pre-application training sessions [shall be scheduled four]multiple times annually [and]that may be available electronically[, as determined by the State Charter School Board].

[C. Charter schools and applicants that attend training sessions may be eligible for additional funds, upon approval, in an amount to be determined by the State Charter School Board provided through federal charter school funds or a General Fund appropriation to the extent of funds available. Charter school applicants that attend training sessions may receive priority for approval from the State Charter School Board and the Board.

D. Training sessions shall provide information including:

(1) charter school implementation requirements;

(2) charter school statutory and Board requirements;

(3) charter school financial and data management requirements;

(4) charter school legal requirements;

(5) federal requirements for charter school funding; and

(6) other items as determined by the State Charter School Board.]

 

R277-482-4. [ New or Expanding ]Charter School [ Notification to Prospective ] Information for Students and Parents.

[A.](1) A[ll new or expanding] charter school[s] shall have a website that contains the following information[available on its website and notify all families consistent with the schools' outreach plans described in the charter agreements of]:

[(1) the school's approved charter, purpose, focus and governance structure, including names, qualifications, and contact information of all governing board members;]

(a) the charter school's governance structure, including the name, qualification, and contact information of all charter school governing board members;

([2]b) the number of new students that will be admitted into the school by grade;

([3]c) the[proposed] school calendar[for the charter school, including at a minimum the first and last days of school, scheduled holidays, scheduled professional development days (no student attendance), and other scheduled non-school days;], which shall include:

(i) the first and last days of school;

(ii) scheduled holidays;

(iii) scheduled professional development days; and

(iv) scheduled non-school days;

([4]d) [the charter school's ]timelines for acceptance of new students consistent with Section 53A-1a-506.5;

([5]e) the requirement and availability of a charter school student application;

(f) the application timeline to be considered for enrollment in the charter school;

([6]g) procedures for transferring to or from a charter school[, together with applicable timelines];[and]

(h) timelines for a transfer;

([7]i) provisions for payment, if required, of a one-time fee per secondary school enrollment, not to exceed $5.00, consistent with Section 53A-12-103[.];

(j) the charter school governing board's policies; and

(k) other items required by:

(i) the charter school's authorizer;

(ii) statute; and

(iii) Board rule.

[B.](2) [N]A new or expanding charter school[s] shall [provide written notice of]have an operative and readily accessible website containing the information described in [R277-482-4A consistent with the school's outreach plan and on the school's website]Subsection (1) at least 180 days before the proposed opening day of school.

[C. New or expanding charter schools shall have an operative and readily accessible electronic website providing information required under R277-482-4A in place. The completed charter school website shall be provided to the State Charter School Board for review at least 210 days prior to the proposed opening day of school and prior to posting the websites publicly.

D. The State Charter School Board and the Board shall, in the recommendation and approval process, consider and may give priority to charter school applications that target underserved student populations, or provide an innovative educational program, service, or setting as determined by the State Charter School Board, among traditional public schools and operating charter schools.

(1) Underserved student populations may include economically disadvantaged students, students with disabilities, English language learners, children of refugee families, or students in remote areas of the state who have limited access to the full range of academic courses;

(2) Innovative educational opportunities shall be described on the State Charter School Board's website;

(3) Priority may also be given to charter school applicants for proposed schools that do not have other charter schools within the school district; and

(4) To be given priority, the charter school application and proposed employee and site information shall support the school's designated focus.

E. The Board or chartering entity may request documentation of underserved student criteria that schools designate and for which they request a preference.

F. The Board shall have authority for final approval of all charter schools.]

 

R277-482-5. Timelines - Charter School Starting Date and Facilities.

[A.](1) [Chartering entities shall accept a proposed starting date from a charter school applicant, or the chartering entity shall negotiate and recommend a starting date prior to recommending final charter approval to the Board.]A charter school authorizer may:

(a) accept the proposed starting date from a charter school applicant; or

(b) negotiate and recommend a different starting date to the Board.

[B.](2) [Only]A charter school[s]may receive state funds if the charter school is approved as a new charter school[s] by October 1, one fiscal year prior to the state fiscal year the[y] charter school intend s to serve students[shall be eligible for state funds].

[C.](3) A State Charter School Board authorized school shall begin construction on a new or existing facility requiring major renovation, such as requiring a project number consistent with Rule R277-471, no later than January 1 of the year the charter school is scheduled to open.

[D.](4) A State Charter School Board authorized charter school that intends to occupy a facility requiring only minimal renovation, such as renovation not requiring a project number according to Rule R277-471, shall enter into a written agreement no later than May 1 of the calendar year the charter school is scheduled to open.

[E. Each charter school shall submit any lease, lease-purchase agreement, or other contract or agreement relating to the charter school's facilities or financing the charter school facilities to its chartering entity for review and advice prior to the charter school entering into the lease, agreement, or contract, consistent with Section 53A-1a-507(9).]

[F. If students are not enrolled and attending classes by October 1, a charter school shall not receive funding from the state for that school year.]

[G.](5) [Despite a charter school meeting starting dates, a]A charter school shall [be required to satisfy]comply with Rule R277-419 requirements of 180 days and 990 hours of instruction time, unless otherwise exempted by the Board under Section 53A-1a-511.

[H.](6) The Board may, following review of information, approve the recommended starting date or determine a different charter school starting date after giving consideration to the charter[ing entity's] school authorizer's recommendation.

 

R277-482-6. Procedures and Timelines to Change Charter[ing Entities]School Authorizers.

[A.](1) A charter school may [change]transfer to another charter[ing entities] school authorizer.

[B.](2) A charter school shall submit an application [provided by]to the new charter[ing entity to the Board to request a new chartering entity] school authorizer at least [three months]90 days prior to the proposed [change]transfer.

[C.](3) The charter school authorizer transfer application [may require some or all of the following, as determined by the new chartering entity]shall include:

([1]a) current governing board members[and founding members];

([2]b) financial records that demonstrate the charter school's financial position, including the charter school's:

(i) most recent annual financial report (AFR)[,];

(ii) annual project report (APR) ; and

(iii) audited financial statement;

([3]c) test scores, including all state required assessments;

([4]d) current employees[: identifying] and assignments[and licensing status, if applicable];

[(5) school calendar for previous school year and prospective school year;

(6) course offerings, if applicable;]

(e) board minutes for the most recent 12 months; and

([7]f) affidavits, signed by all board members[providing or] certifying[(documentation may be required)]:

[(a) the school's nondiscrimination toward students and employees;]

([b]i) the charter school's compliance with all state and federal laws and regulations;

([c]ii) [that ]all information on the transfer application[provided] is complete and accurate;

[(d) that school meets/complies with all health and safety codes/laws;]

([e]iii) [that ]the charter school is current with all [required]charter school governing board policies[(personnel, salaries, and fees), including board minutes for the most recent three months];

([f]iv) [that ]the charter school is operating consistent with the charter school's charter agreement; and

([g]v) [that ]there are no outstanding lawsuits or judgments or identifying outstanding lawsuits filed or judgments against the charter school[;].

[D.](4) A charter school seeking to [change]transfer charter[ing entities] school authorizers shall submit a position statement from the current charter[ing entity] school authorizer about the charter school 's status, compliance with the charter[ing entity] school authorizer requirements , and any unresolved concerns to the proposed new charter[ing entity] school authorizer.

[E.](5) A new charter school authorizer shall review [A]an application for [changing]transferring a charter[ing entity] school authorizer [shall be reviewed ]for acceptance [by the new chartering entity ]within 60 days of submission of a complete application, including all required documentation.

[F. The Board shall consider an application to change chartering entities to the State Charter School Board within 60 days of State Charter School Board approval, or next possible monthly Board meeting, whichever is sooner.]

[G.](6) Final approval or denial of changing chartering entities to the State Charter School Board is final administrative action by the Board.

 

R277-482-7. [ Approved ]Charter School Expansion Requests .

(1) A charter school authorizer shall maintain the final, official, and complete charter agreement.

[A.](2) [The following shall apply to requests for expansion from approved and operating charter schools]A charter school may request approval for an expansion if:

([1]a) [T]the charter school satisfies [all]the requirements of federal and state law, regulations, [Board ]rule , and the charter agreement[.]; and

([2]b) (i) [T]the[approved] charter school's charter agreement [shall ]provides for an expansion consistent with the request; or

([3]ii) [T]the charter school governing board has submitted a formal amendment request to the charter[ing entity] school authorizer consistent with the charter[ing entity's] school authorizer's requirements.

[B.](3) If the charter[ing entity] school authorizer approves a charter school expansion[:

(1) requiring a construction project number under R277-471], the expansion shall be approved before October 1 of the state fiscal year prior to the school's intended expansion date.

[(2) that does not require a construction project number under R277-471, the charter school shall be approved before May 1 of the state fiscal year prior to the school's intended expansion.

C. If the expansion request is for an increase in enrollment capacity in the amount of 0.25 times or less, the number of students in grades 9 through 12 enrolled in an online course in the previous school year through the Statewide Online Education Program, the request shall be submitted to the Board by October 1 of the school year for which the increase is requested.

D. Requests under R277-482-7C are subject to the availability of sufficient funds appropriated under Section 53A-1a-513 to provide the full amount of the per student allocation for each charter school student in the state to supplement school district property tax revenues.

E. Expansion requests shall be considered by the State Charter School Board as part of the total number of charter school students allowed under Section 53A-1a-502.5(1).]

(4) For an expansion approved by an authorizer that is not the State Charter School Board, the charter school authorizer that authorizes an expansion of the authorizer's charter school shall provide the total number of students by grade that the charter school is authorized to enroll to the State Charter School Board and to the Superintendent on or before October 1 of the state fiscal year prior to the charter school's intended expansion.

 

R277-482-8. Requests for a New Satellite School for an Approved Charter School[s].

(1) A charter school and its satellite are a single LEA for purposes of public school funding and reporting.

[A.](2) An existing charter school may submit an amendment request to the charter school's charter[ing entity]authorizer for a satellite charter school if[the charter school fully satisfies the following]:

([1]a) [T]the charter school [currently ]satisfies [all ]requirements of federal and state law , regulations, and[Board] rule;

([2]b) [T]the charter school has operated successfully for at least three years meeting the terms of its charter agreement;

([3]c) [S]the students at the charter school are performing on standardized assessments at or above the standard in the charter agreement;

([4]d) [T]the proposed satellite charter school will provide educational services, assessment, and curriculum consistent with the services, assessment, and curriculum currently being offered at the existing charter school;

([5]e) [A]adequate qualified administrators, including at least one onsite administrator, and staff are available to meet the needs of the proposed student population at the satellite charter school; and

([6]f) [T]the charter school provides any additional information or documentation requested by the charter[ing entity] school authorizer or the Board.

([7]3) [A]a satellite charter school that receives School LAND Trust funds shall have a [School LAND Trust committee]charter trust land council and satisfy all requirements for [School LAND Trust committees]charter trust land councils consistent with Rule R277-477.

[B.](4) [Only a]A satellite charter school may receive state funding if the Board approves the satellite charter school [approved ]by October 1 of the state fiscal year prior to the year the school intends to serve students[shall be eligible for state funds].

[C.](5) The approval of [the]a satellite charter school by the charter[ing entity] school authorizer requires ratification by the [State ]Board [of Education ]and will expire 24 months following [such]the ratification if a building site [has]is not [been ]secured for the satellite charter school.

 

KEY: training, timelines, expansion, satellite

Date of Enactment or Last Substantive Amendment: [October 8, 2013]2016

Notice of Continuation: August 2, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1a-513; ]53A-1-401[(3)]; 53A-1a-504; 53A-1a-505; 53A-1a-515; 53A-1a-521; 53A-1a-513[53A-1a-502.5]