R277.  Education, Administration.
R277-555.  Corrective Action Against Charter School Authorizers.
R277-555-1.  Authority and Purpose.
	(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.

R277-555-2.  Authorizer Accountability.
	(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.

R277-555-3.  Authorizer Appeals.
	(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.

KEY:  charter schools, corrective action
Date of Enactment or Last Substantive Amendment:  January 9, 2019
Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401; 53G-5-205