Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R277. Education, Administration.
Rule R277-555. Corrective Action Against Charter School Authorizers.
As in effect on October 1, 2019
Table of Contents
- R277-555-1. Authority and Purpose.
- R277-555-2. Authorizer Accountability.
- R277-555-3. Authorizer Appeals.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;
(c) Title 53G, Chapter 5, Charter Schools, which allows the Board to make rules governing aspects of operations of charter schools; and
(d) Subsection 53G-5-205(6), which authorizes the Board to establish reasonable consequences for a charter school authorizer that fails to comply with state statute or board rule.
(2) The purpose of this rule is to establish procedures for review and consequences for non-compliance by a charter school authorizer.
(1) The Superintendent may initiate corrective action as described in this rule if an authorizer:
(a) fails to develop and implement a process meeting minimum standards for authorizing charter schools as described in Rule R277-552;
(b) fails to develop and implement a process meeting minimum standards for charter school oversight monitoring as described in Rule R277-553; or
(c) fails to comply with statute or Board rule.
(2) For each authorizer subject to corrective action, the Superintendent shall design and implement a consistent monitoring plan.
(3) The Superintendent shall clearly outline in a corrective action plan:
(a) all areas of noncompliance;
(b) steps required to satisfy the corrective action plan; and
(c) a reasonable time frame for an authorizer to correct identified issues.
(4) In addition to the requirements of Subsection (3), a corrective action plan may include provision and a timeline for:
(a) referral for monitoring by a Board section;
(b) referral for monitoring to the Board's internal audit department, with approval of the Board's Audit Committee;
(c) periodic meetings between a recipient administrator or governing board member and the Superintendent or a member of the Superintendency;
(d) planned appearances before the Board to provide status updates; and
(e) training for the authorizer's staff.
(5) The Superintendent may employ escalating restrictive conditions in a corrective action plan based on:
(a) the severity of the violation; or
(b) repeated violations by an authorizer.
(6) The Superintendent may include penalties for non-compliance with a corrective action plan in accordance with Subsection 53E-3-401(8).
(7) The Superintendent shall give notice and a copy of the corrective action plan in writing to:
(a) the authorizer's administrators; and
(b) the authorizer's governing board.
(8) The Superintendent shall notify an authorizer of changes to a corrective action plan.
(9) The Superintendent shall report to the Board monthly about the status of noncompliant authorizers.
(1) An authorizer may file an appeal to the Board of any adverse decision of the Superintendent resulting from a corrective action plan or penalty.
(2) An appeal must be made in writing and within 30 days of the date of the Superintendent's action.
(3) The Board may:
(a) review the appeal as a full board; or
(b) refer the matter to a Board standing or audit committee to make a recommendation to the Board for action.
charter schools, corrective action
January 9, 2019
Art X Sec 3; 53E-3-401; 53G-5-205
For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.