State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-01a > 53a-1a-510

53A-1a-510. Termination of a charter.
(1) A chartering entity may terminate a school's charter for any of the following reasons:
(a) failure of the school to meet the requirements stated in the charter;
(b) failure to meet generally accepted standards of fiscal management;
(c) subject to Subsection (6), failure to make adequate yearly progress under the NoChild Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
(d) violation of requirements under this part or another law; or
(e) other good cause shown.
(2) (a) The chartering entity shall notify the governing body of the school of the proposedtermination in writing, state the grounds for the termination, and stipulate that the governingbody may request an informal hearing before the chartering entity.
(b) The chartering entity shall conduct the hearing in accordance with Title 63G, Chapter4, Administrative Procedures Act, within 30 days after receiving a written request underSubsection (2)(a).
(c) If the chartering entity, by majority vote, approves a motion to terminate a charterschool, the governing body of the charter school may appeal the decision to the State Board ofEducation.
(d) (i) The State Board of Education shall hear an appeal of a termination made pursuantto Subsection (2)(c).
(ii) The State Board of Education's action is final action subject to judicial review.
(3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the State Board of Education shall make rules that require a charter school to report any threats tothe health, safety, or welfare of its students to the State Charter School Board in a timely manner.
(b) The rules under Subsection (3)(a) shall also require the charter school report toinclude what steps the charter school has taken to remedy the threat.
(4) The chartering entity may terminate a charter immediately if good cause has beenshown or if the health, safety, or welfare of the students at the school is threatened.
(5) If a charter is terminated during a school year:
(a) the school district in which the school is located may assume operation of the school;or
(b) a private management company may be hired to operate the school.
(6) (a) If a charter is terminated, a student who attended the school may apply to andshall be enrolled in another public school under the enrollment provisions of Title 53A, Chapter2, Part 2, District of Residency, subject to space availability.
(b) Normal application deadlines shall be disregarded under Subsection (6)(a).
(7) A chartering entity may terminate a charter pursuant to Subsection (1)(c) under thesame circumstances that local educational agencies are required to implement alternativegovernance arrangements under 20 U.S.C. Sec. 6316.

Amended by Chapter 382, 2008 General Session