Utah Code 53G-5-303. Charter agreement — Content — Modification
Current as of: 2024 | Check for updates
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As used in this section:
(1)
Terms Used In Utah Code 53G-5-303
- authorizer: means an entity listed in Section
53G-5-205 that authorizes a charter school. See Utah Code 53G-5-102 - Contract: A legal written agreement that becomes binding when signed.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) “Innovation plan” means the same as that term is defined in Section53G-7-221 .(1)(b) “Satellite charter school” means a charter school affiliated with an operating charter school, which has the same charter school governing board and a similar program of instruction, but has a different school number than the affiliated charter.
(2) A charter agreement:
(2)(a) is a contract between the charter school applicant and the charter school authorizer;
(2)(b) shall describe the rights and responsibilities of each party; and
(2)(c) shall allow for the operation of the applicant’s proposed charter school.
(3) A charter agreement shall include:
(3)(a) the name of:
(3)(a)(i) the charter school; and
(3)(a)(ii) the entity with whom the charter school authorizer contracts;
(3)(b) the mission statement and purpose of the charter school;
(3)(c) the charter school’s opening date;
(3)(d) the grade levels the charter school will serve;
(3)(e)
(3)(e)(i) subject to Section 53G-6-504 , the maximum number of students a charter school will serve; or
(3)(e)(ii) for an operating charter school with satellite charter schools, the maximum number of students of all satellite charter schools collectively served by the operating charter school;
(3)(f) a description of the structure of the charter school governing board, including:
(3)(f)(i) the number of charter school governing board members;
(3)(f)(ii) how members of the charter school governing board are appointed; and
(3)(f)(iii) charter school governing board members’ terms of office;
(3)(g) assurances that:
(3)(g)(i) the charter school governing board will comply with:
(3)(g)(i)(A) the charter school’s bylaws;
(3)(g)(i)(B) the charter school’s articles of incorporation; and
(3)(g)(i)(C) applicable federal law, state law, and state board rules;
(3)(g)(ii) the charter school governing board will meet all reporting requirements described in Section 53G-5-404 ; and
(3)(g)(iii) except as provided in Part 6, Charter School Credit Enhancement Program, neither the authorizer nor the state, including an agency of the state, is liable for the debts or financial obligations of the charter school or a person who operates the charter school;
(3)(h) which administrative rules the state board will waive for the charter school;
(3)(i) minimum financial standards for operating the charter school;
(3)(j) minimum performance standards; and
(3)(k) signatures of the charter school authorizer and the charter school governing board members.
(4)
(4)(a) Except as provided in Subsection (4)(b), a charter agreement may not be modified except by mutual agreement between the charter school authorizer and the charter school governing board.
(4)(b) A charter school governing board may modify the charter school’s charter agreement without the mutual agreement described in Subsection (4)(a) to:
(4)(b)(i) include an enrollment preference as described in Subsection 53G-6-502 (4)(h); or
(4)(b)(ii) only as described in Subsection 53G-7-221 (5), include or remove an innovation plan.