53A-1a-504 - Proposal.
53A-1a-504. Proposal.
(1) (a) A proposal to establish a charter school may be made by an individual or groupsof individuals, including teachers and parents or guardians of students who will attend the school,or a not-for-profit legal entity organized under the laws of this state.
(b) Except as provided in Section 53A-1a-515, a proposal to establish a charter schoolshall include provisions that the charter school will be organized and managed under Title 16,Chapter 6a, Utah Revised Nonprofit Corporation Act, after its authorization.
(2) (a) The principal, teachers, or parents of students at an existing public school maysubmit a proposal to convert the school or a portion of the school to charter status.
(b) (i) At least 2/3 of the licensed educators employed at the school and at leasttwo-thirds of the parents or guardians of students enrolled at the school must have signed apetition approving the proposal prior to its submission to the chartering entity if the entire schoolis applying for charter status.
(ii) The percentage is reduced to a simple majority if the conversion is for only a portionof the school.
(c) A proposal submitted under Subsection (2)(a) must first be approved by the localschool board based on its determination that:
(i) students opting not to attend the proposed converted school would have access to acomparable public education alternative; and
(ii) current teachers who choose not to teach at the converted charter school or who arenot retained by the school at the time of its conversion would receive a first preference fortransfer to open teaching positions for which they qualify within the school district. If nopositions are open, contract provisions or board policy regarding reduction in staff would apply.
(3) A parochial school or home school is not eligible for charter school status.
(4) Beginning on July 1, 2007, a charter school application shall include a statement thatindicates the charter school's intent relating to the establishment of its charter school facilities,including:
(a) whether the charter school intends to lease or purchase its facilities; and
(b) intended financing arrangements.
Amended by Chapter 344, 2007 General Session