§ 53G-5-405 — Application of statutes and rules to charter schools.

Utah § 53G-5-405

• Jurisdiction: Utah
• Title 53G: Public Education System -- Local Administration
• Ch. 53G-5: Charter Schools
• Part 53G-5-4: Powers and Duties

Text

(1) A charter school shall operate in accordance with its charter agreement and is subject to this public education code and other state laws applicable to public schools, except as otherwise provided in this chapter and other related provisions.
(2) (2)(a) Except as provided in Subsections (2)(b) and (2)(c), state board rules governing the following do not apply to a charter school:
(2)(a)(i) school libraries;
(2)(a)(ii) required school administrative and supervisory services; and
(2)(a)(iii) required expenditures for instructional supplies.
(2)(b) A charter school shall comply with rules implementing statutes that prescribe how state appropriations may be spent.
(2)(c) If a charter school provides access to a school library, the charter school governing board shall provide an online platform:
(2)(c)(i) through which a parent is able to view the title, author, and a description of any material the parent's child borrows from the school library, including a history of borrowed materials, either using an existing online platform that the charter school uses or through a separate platform; and
(2)(c)(ii) (2)(c)(ii)(A) for a charter school with 1,000 or more enrolled students, no later than August 1, 2024; and
(2)(c)(ii)(B) for a charter school with fewer than 1,000 enrolled students, no later than August 1, 2026.
(3) The following provisions of this public education code, and rules adopted under those provisions, do not apply to a charter school:
(3)(a) Section 53E-4-408, requiring an independent evaluation of instructional materials;
(3)(b) Section 53G-4-409, requiring the use of activity disclosure statements;
(3)(c) Sections 53G-7-304 and 53G-7-306, pertaining to fiscal procedures of school districts and local school boards;
(3)(d) Section 53G-7-1202, requiring the establishment of a school community council; and
(3)(e) Section 53G-10-404, requiring annual presentations on adoption.
(4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter school is considered an educational procurement unit as defined in Section 63G-6a-103.
(5) Each charter school shall be subject to:
(5)(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(5)(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) (6)(a) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports of certain nonprofit corporations.
(6)(b) A charter school is subject to the requirements of Section 53G-5-404.
(7) (7)(a) The State Charter School Board shall, in concert with the charter schools, study existing state law and administrative rules for the purpose of determining from which laws and rules charter schools should be exempt.
(7)(b) (7)(b)(i) The State Charter School Board shall present recommendations for exemption to the state board for consideration.
(7)(b)(ii) The state board shall consider the recommendations of the State Charter School Board and respond within 60 days.

Legislative History

Amended by Chapter 381, 2024 General Session; Amended by Chapter 497, 2024 General Session