DAR File No. 43374

Education, Administration

Rule R277-470

Charter Schools - General Provisions

Notice of Proposed Rule

(Repeal)

DAR File No.: 43374
Filed: 11/14/2018 02:14:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2018 Legislative session, the Legislature passed H.B. 313. H.B. 313 made significant amendments to the process charter school authorizers should follow in approving and providing oversight to charter schools. H.B. 313 also directed the Utah State Board of Education (Board) to make rules to carry out the legislative changes in relation to oversight of charter schools and their authorizers, therefore the Board recommends repealing Rule R277-470.

Summary of the rule or change:

H.B. 313 directed the Board to make rules to carry out the legislative changes in relation to oversight of charter schools and their authorizers. New Rule R277-554, which governs specific programs operated by the State Charter School Board, includes language from repealed rule R277-470. (Editor's note: Rule R277-554 appears under file number 43395 in this issue of the Utah State Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 53E-3-401
• Article X, Section 3
• Section 53G-5-408

Anticipated cost or savings to:

the state budget:

This repeal is not expected to have any fiscal impact on state budget revenues or expenditures as this rule is being eliminated and moved to a new rule.

local governments:

This repeal is not expected to have any fiscal impact on local governments' revenues or expenditures as this rule is being eliminated and moved to a new rule.

small businesses:

This repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures as this rule is being eliminated and moved to a new rule.

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

This repeal is not expected to have any fiscal impact on persons' other than small businesses, businesses, or local government entities revenues or expenditures as this rule is being eliminated and moved to a new rule.

Compliance costs for affected persons:

There were no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This repeal has no fiscal impact on local education agencies and will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office 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 801-538-7550, 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:

01/02/2019

This rule may become effective on:

01/09/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on large or small businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

[ R 277. Education, Administration.

R277-470. Charter Schools - General Provisions.

R277-470-1. Authority and Purpose.

(1) This rule is authorized under:

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

(b) Section 53F-2-702, which directs the Board to distribute funds for charter school students directly to the charter school; and

(c) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities.

(2)(a) The purpose of this rule is to provide directions to charter schools for federal funds and startup and implementation funding.

(b) The rule also provides criteria for a charter school mentoring program and additional charter school-specific directives.

 

R277-470-2. Definitions.

(1) "Charter school authorizers" means entities that authorize a charter school under Section 53G-5-102.

(2) "Charter schools" means schools acknowledged as charter schools by charter school authorizers under Sections 53G-5-305, 53G-5-306, and this rule or by the Board under Section 53G-5-304.

(3) "Charter school governing board" means the board designated by the charter school to make decisions for the operation of the school.

(4) "ESEA" means the federal law under the Elementary and Secondary Education Act, Title IX, Part A, 20 U.S.C. 7801.

(5) "Expansion" means a proposed increase of students or adding grade level(s) in an operating charter school at a single location.

(6) "Mentor," for purposes of the mentoring program, means an individual or organization with expertise or demonstrated competence, willing to advise charter schools, approved by the State Charter School Board to participate in the mentoring program.

(7) "Mentoring program," for purposes of this rule, means the State Charter School Board mentoring program.

(8)(a) "Satellite school" means a charter school affiliated with an operating charter school having a common governing board and a similar program of instruction, but located at a different site or in a different geographical area.

(b) The parent school and all satellites shall be considered a single local education agency for purposes of public school funding and reporting.

(9) "State Charter School Board" means the board designated in Section 53G-5-201.

(10) "Utah Consolidated Application" or "UCA" means the web-based grants management tool employed by the Superintendent by which local education agencies submit plans and budgets for approval of the Superintendent.

(11) "Utah eTranscript and Record Exchange" or "UTREx" means a system that allows individual detailed student records to be exchanged electronically between public education local education agencies and the Superintendent, and allows electronic transcripts to be sent to any post-secondary institution, private or public, in-state or out-of-state, that participates in the e-transcript service.

 

R277-470-3. Maximum Authorized Charter School Students.

(1) Local school boards and institutions of higher education may approve charter schools by notifying the Board by October 1 of the state fiscal year one year prior to opening of proposed charter schools, including authorized numbers of students and other information as required in Sections 53G-5-305 and 53G-5-306.

(2) The Board, in consultation with the State Charter School Board and charter school authorizers, may approve schools, expansions and satellite charter schools for the total number of students authorized under Sections 53G-6-504 and 53G-5-301.

(3) The number of students requested from all charter school authorizers shall be considered and approved by the Board.

 

R277-470-4. Charter Schools and ESEA Funds.

(1) Charter schools that desire to receive ESEA funds shall comply with the requirements of this R277-470-4.

(2) To obtain its allocation of ESEA formula funds, a charter school shall complete all appropriate sections of the Utah Consolidated Application and identify its economically disadvantaged students in the October UTREx submission.

(3) If the school does not operate a federal school lunch program, the school:

(a) shall determine the economically disadvantaged status for its students on the basis of criteria no less stringent than those established by the U.S. Department of Agriculture for identifying students who qualify for reduced price lunch for the fiscal year in question; or

(b) may use the Charter School Declaration of Household Income form provided by the Superintendent for this purpose.

(4) A school which does not use the form shall maintain equivalent documentation in its records, which may be subject to audit.

 

R277-470-5. Charter School Start-up and Implementation Grants.

(1) Charter schools that desire to receive State Charter School Board start-up and implementation grant funds shall comply with the requirements of this R277-470-5.

(2) To receive a State Charter School Board start-up or implementation grant, a charter school shall be eligible and meet the requirements consistent with Section 53G-5-404.

(3) New schools and satellite schools are eligible for start-up and implementation grant funds.

(4) A charter school may not receive start-up and implementation grant funds for school expansion.

(5) Eligible charter schools shall complete an application and may be awarded a grant for no more than 36 months.

(6) Only schools that have not received state start-up or implementation grant funds in prior years are eligible.

(7) The State Charter School Board shall determine amounts and conditions for distribution of state start-up or implementation grant funds.

(8) Grant funds may only be used for allowable expenditures as provided by the State Charter School Board.

(9) Grant recipients shall participate in monitoring activities and shall provide monitoring information to the Superintendent, as directed.

(10)(a) Charter schools shall repay grant funds to the State Charter School Board if recipients change to non-charter status within ten years of receiving grant funds.

(b) An exception may be made for schools that convert status due to either federal or state law requirements for academic purposes.

 

R277-470-6. Charter School Mentoring Program.

(1) The State Charter School Board shall identify critical mentoring needs of charter schools and, through an RFP application process, allocate mentoring funds to one or more qualified individuals or organizations to meet identified needs.

(2) Mentoring program participants shall provide information to the Superintendent as requested.

(3) The State Charter School Board shall:

(a) receive an annual program report from participating mentors and charter schools; and

(b) evaluate the mentoring program annually.

 

R277-470-7. Charter School Parental Involvement.

(1) Charter schools shall encourage and provide opportunities for parental involvement in management decisions at the school level.

(2) Charter schools that elect to receive School LAND Trust funds shall comply with Subsection R277-477-3(3).

 

R277-470-8. Transportation.

(1) Charter schools are not eligible for to-and-from school transportation funds.

(2) A charter school that provides transportation to students shall comply with the inspection and safety requirements of Section 53-8-211.

(3) A school district may provide transportation for charter school students on a space-available basis on approved routes.

(4)(a) School districts may provide transportation or transportation information to charter school students and their parents who participate in transportation by the school district as guests.

(b) Charter schools or charter school students may forfeit with no recourse the privilege of transportation for violation of district policies.

 

R277-470-9. Miscellaneous Provisions.

(1) The State Charter School Board shall provide a form on its website for individuals to report threats to health, safety or welfare of students consistent with Subsection 53G-5-503(4)(a).

(a) Individuals making reports about threats shall report suspected criminal activity to local law enforcement and suspected child abuse to local law enforcement or the Division of Child and Family Services consistent with Section 62A-4a-403 and Subsection 53G-9-203(3)(a).

(b) Additionally, individuals may report threats to the health, safety or welfare of students to the charter school governing board, provided that:

(i) reports shall be made in writing;

(ii) reports shall be timely; and

(iii) anonymous reports shall not be reviewed further.

(c) Charter school governing boards shall verify that potential criminal activity or suspected child abuse has been reported consistent with state law and this rule.

(d) Charter school governing boards shall act promptly to investigate disciplinary action, if appropriate, against students who may be participants in threatening activities or take appropriate and reasonable action to protect students or both.

(2) The Board shall have authority for final approval of all charter schools that receive minimum school program funds.

(3) All charter schools shall be subject to accountability standards established by the Board and to monitoring and auditing by the Board.

 

KEY: education, charter schools

Date of Enactment or Last Substantive Amendment: August 7, 2018

Notice of Continuation: July 13, 2018

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-3-401(4); 53F-2-702; 53G-5-304; 53G-5-305; 53G-5-306; 53-8-211]