Charter School Law Ranking and Scorecard 2011

Utah

 

 

 

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[complete report]

LAW

Year Passed

1998; last amended in 2008.

Rank

11th strongest of the nation's 41 charter laws.

Grade

B

GENERAL DATA

 

• State Charter Board is less autonomous than originally designed

• Freedoms are limited but funding base is strong

INDEPENDENT OR MULTIPLE AUTHORIZERS - YES (2)

Approval

School boards and the Utah State Charter School Board. (This board is independent but gains its authority from the State Board of Education and has become more bureaucratic.)

Appeal

Yes. Applications denied by the school board or the Utah State Charter School Board may be appealed to the State Board of Education. The state board’s decision is final.

NUMBER OF SCHOOLS ALLOWED

Cap

No cap on schools. There is an enrollment cap on the total number of students that may attend charters, which is now around 35,000 students. Each year, the cap increases by 1.4 percent of total school district enrollment. Because of enrollment cap, if a school board wants to approve a charter, it must first notify the State Charter Board to ensure there is room.

OPERATIONAL AUTONOMY

State

Limited.Waiver requests considered on a case-by-case basis. State restrictions such as curriculum and scheduling rules, keeps charters from being truly independent. Virtual schools are allowed.Management contracts with ESPs are not restricted.

Local

Limited.Waiver requests considered on a case-by-case basis Employment and personnel decisions are left up to the charter school.

Teacher Freedom

Yes. Teachers are employees of charter school, and are not required to be district employees. Charter schools may participate in state’s retirement system, or may opt out of the state’s system and establish their own retirement system for its employees.

EQUITY

Student Funding

• Schools receive same funding streams as conventional public schools.

• Funds pass through the state. State sends local share directly to schools after deducting from the district.

"Except as provided in Subsection (3)(b), a charter school shall receive state funds, as applicable, on the same basis as a school district receives funds. (b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program Act, to charter schools, charter school pupils shall be weighted, where applicable, as follows: (4) (a) (i) Except as provided in Subsection (4)(a)(ii), a school district shall allocate a portion of school district revenues for each resident student of the school district who is enrolled in a charter school on October 1 equal to 25% of the lesser of… (b) The State Board of Education shall: (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from state funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum School Program Act; (ii) remit the money to the student's charter school. " [Utah Code Ann. ง 53A-1a-513]

Facilities Funding

Yes. The Local Revenue Replacement Program provides per pupil funding to replace some of the local property tax revenue charters do not receive. A minimum of 10 percent of this money must be used on facilities. For FY 2009, charters received $143 per pupil. [Utah Code Ann. §53A-21-401]

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