State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-01a > 53a-1a-513

53A-1a-513. Funding for charter schools.
(1) As used in this section:
(a) "Charter school students' average local revenues" means the amount determined asfollows:
(i) for each student enrolled in a charter school on the previous October 1, calculate thedistrict per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter schoolon the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of studentsenrolled in charter schools on the previous October 1.
(b) "District per pupil local revenues" means the amount determined as follows, usingdata from the most recently published school district annual financial reports and statesuperintendent's annual report:
(i) calculate the sum of a school district's revenue received from:
(A) a voted levy imposed under Section 53A-17a-133;
(B) a board levy imposed under Section 53A-17a-134;
(C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145;
(D) a tort liability levy imposed under Section 63G-7-704;
(E) a capital outlay levy imposed under Section 53A-16-107; and
(F) a voted capital outlay levy imposed under Section 53A-16-110; and
(ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
(A) a school district's average daily membership; and
(B) the average daily membership of a school district's resident students who attendcharter schools.
(c) "Resident student" means a student who is considered a resident of the school districtunder Title 53A, Chapter 2, Part 2, District of Residency.
(d) "Statewide average debt service revenues" means the amount determined as follows,using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed underSection 11-14-310; and
(ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school districtaverage daily membership.
(2) (a) Charter schools shall receive funding as described in this section, exceptSubsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
(b) Charter schools authorized by local school boards that are converted from districtschools or operate in district facilities without paying reasonable rent shall receive funding asprescribed in Section 53A-1a-515.
(3) (a) 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, tocharter schools, charter school pupils shall be weighted, where applicable, as follows:
(i) .55 for kindergarten pupils;
(ii) .9 for pupils in grades 1-6;
(iii) .99 for pupils in grades 7-8; and
(iv) 1.2 for pupils in grades 9-12.

(4) (a) (i) A school district shall allocate a portion of school district revenues for eachresident student of the school district who is enrolled in a charter school on October 1 equal to25% of the lesser of:
(A) district per pupil local revenues; or
(B) charter school students' average local revenues.
(ii) Nothing in this Subsection (4)(a) affects the school bond guarantee programestablished under Chapter 28, Utah School Bond Guaranty Act.
(b) The State Board of Education shall:
(i) deduct an amount equal to the allocation provided under Subsection (4)(a) from statefunds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum SchoolProgram Act; and
(ii) remit the money to the student's charter school.
(c) Notwithstanding the method used to transfer school district revenues to charterschools as provided in Subsection (4)(b), a school district may deduct the allocations to charterschools under this section from:
(i) unrestricted revenues available to the school district; or
(ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on theportion of the allocations to charter schools attributed to each of the revenue sources listed inSubsections (1)(b)(i)(A) through (F).
(d) (i) Subject to future budget constraints, the Legislature shall provide an appropriationfor charter schools for each student enrolled on October 1 to supplement the allocation of schooldistrict revenues under Subsection (4)(a).
(ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by thestate for a charter school student shall be the sum of:
(A) charter school students' average local revenues minus the allocation of school districtrevenues under Subsection (4)(a); and
(B) statewide average debt service revenues.
(iii) If the total of a school district's allocation for a charter school student underSubsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than$1427, the state shall provide an additional supplement so that a charter school receives at least$1427 per student under this Subsection (4).
(iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the amountprescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated amongcharter schools in proportion to each charter school's enrollment as a percentage of the totalenrollment in charter schools.
(B) If the State Board of Education makes adjustments to Minimum School Programallocations as provided under Section 53A-17a-105, the allocation provided in Subsection(4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
(e) Of the money provided to a charter school under this Subsection (4), 10% shall beexpended for funding school facilities only.
(5) Charter schools are eligible to receive federal funds if they meet all applicable federalrequirements and comply with relevant federal regulations.
(6) The State Board of Education shall distribute funds for charter school studentsdirectly to the charter school.
(7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state

transportation funding.
(b) The board shall also adopt rules relating to the transportation of students to and fromcharter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
(c) The governing body of the charter school may provide transportation through anagreement or contract with the local school board, a private provider, or with parents.
(8) (a) (i) The state superintendent of public instruction may allocate grants for bothstart-up and ongoing costs to eligible charter school applicants from money appropriated for theimplementation of this part.
(ii) Applications for the grants shall be filed on a form determined by the statesuperintendent and in conjunction with the application for a charter.
(iii) The amount of a grant may vary based upon the size, scope, and specialcircumstances of the charter school.
(iv) The governing board of the charter school shall use the grant to meet the expenses ofthe school as established in the school's charter.
(b) The State Board of Education shall coordinate the distribution of federal moneyappropriated to help fund costs for establishing and maintaining charter schools within the state.
(9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,endowment, gift, or donation of any property made to the school for any of the purposes of thispart.
(b) It is unlawful for any person affiliated with a charter school to demand or request anygift, donation, or contribution from a parent, teacher, employee, or other person affiliated withthe charter school as a condition for employment or enrollment at the school or continuedattendance at the school.

Amended by Chapter 3, 2010 General Session
Amended by Chapter 399, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-01a > 53a-1a-513

53A-1a-513. Funding for charter schools.
(1) As used in this section:
(a) "Charter school students' average local revenues" means the amount determined asfollows:
(i) for each student enrolled in a charter school on the previous October 1, calculate thedistrict per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter schoolon the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of studentsenrolled in charter schools on the previous October 1.
(b) "District per pupil local revenues" means the amount determined as follows, usingdata from the most recently published school district annual financial reports and statesuperintendent's annual report:
(i) calculate the sum of a school district's revenue received from:
(A) a voted levy imposed under Section 53A-17a-133;
(B) a board levy imposed under Section 53A-17a-134;
(C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145;
(D) a tort liability levy imposed under Section 63G-7-704;
(E) a capital outlay levy imposed under Section 53A-16-107; and
(F) a voted capital outlay levy imposed under Section 53A-16-110; and
(ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
(A) a school district's average daily membership; and
(B) the average daily membership of a school district's resident students who attendcharter schools.
(c) "Resident student" means a student who is considered a resident of the school districtunder Title 53A, Chapter 2, Part 2, District of Residency.
(d) "Statewide average debt service revenues" means the amount determined as follows,using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed underSection 11-14-310; and
(ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school districtaverage daily membership.
(2) (a) Charter schools shall receive funding as described in this section, exceptSubsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
(b) Charter schools authorized by local school boards that are converted from districtschools or operate in district facilities without paying reasonable rent shall receive funding asprescribed in Section 53A-1a-515.
(3) (a) 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, tocharter schools, charter school pupils shall be weighted, where applicable, as follows:
(i) .55 for kindergarten pupils;
(ii) .9 for pupils in grades 1-6;
(iii) .99 for pupils in grades 7-8; and
(iv) 1.2 for pupils in grades 9-12.

(4) (a) (i) A school district shall allocate a portion of school district revenues for eachresident student of the school district who is enrolled in a charter school on October 1 equal to25% of the lesser of:
(A) district per pupil local revenues; or
(B) charter school students' average local revenues.
(ii) Nothing in this Subsection (4)(a) affects the school bond guarantee programestablished under Chapter 28, Utah School Bond Guaranty Act.
(b) The State Board of Education shall:
(i) deduct an amount equal to the allocation provided under Subsection (4)(a) from statefunds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum SchoolProgram Act; and
(ii) remit the money to the student's charter school.
(c) Notwithstanding the method used to transfer school district revenues to charterschools as provided in Subsection (4)(b), a school district may deduct the allocations to charterschools under this section from:
(i) unrestricted revenues available to the school district; or
(ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on theportion of the allocations to charter schools attributed to each of the revenue sources listed inSubsections (1)(b)(i)(A) through (F).
(d) (i) Subject to future budget constraints, the Legislature shall provide an appropriationfor charter schools for each student enrolled on October 1 to supplement the allocation of schooldistrict revenues under Subsection (4)(a).
(ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by thestate for a charter school student shall be the sum of:
(A) charter school students' average local revenues minus the allocation of school districtrevenues under Subsection (4)(a); and
(B) statewide average debt service revenues.
(iii) If the total of a school district's allocation for a charter school student underSubsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than$1427, the state shall provide an additional supplement so that a charter school receives at least$1427 per student under this Subsection (4).
(iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the amountprescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated amongcharter schools in proportion to each charter school's enrollment as a percentage of the totalenrollment in charter schools.
(B) If the State Board of Education makes adjustments to Minimum School Programallocations as provided under Section 53A-17a-105, the allocation provided in Subsection(4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
(e) Of the money provided to a charter school under this Subsection (4), 10% shall beexpended for funding school facilities only.
(5) Charter schools are eligible to receive federal funds if they meet all applicable federalrequirements and comply with relevant federal regulations.
(6) The State Board of Education shall distribute funds for charter school studentsdirectly to the charter school.
(7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state

transportation funding.
(b) The board shall also adopt rules relating to the transportation of students to and fromcharter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
(c) The governing body of the charter school may provide transportation through anagreement or contract with the local school board, a private provider, or with parents.
(8) (a) (i) The state superintendent of public instruction may allocate grants for bothstart-up and ongoing costs to eligible charter school applicants from money appropriated for theimplementation of this part.
(ii) Applications for the grants shall be filed on a form determined by the statesuperintendent and in conjunction with the application for a charter.
(iii) The amount of a grant may vary based upon the size, scope, and specialcircumstances of the charter school.
(iv) The governing board of the charter school shall use the grant to meet the expenses ofthe school as established in the school's charter.
(b) The State Board of Education shall coordinate the distribution of federal moneyappropriated to help fund costs for establishing and maintaining charter schools within the state.
(9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,endowment, gift, or donation of any property made to the school for any of the purposes of thispart.
(b) It is unlawful for any person affiliated with a charter school to demand or request anygift, donation, or contribution from a parent, teacher, employee, or other person affiliated withthe charter school as a condition for employment or enrollment at the school or continuedattendance at the school.

Amended by Chapter 3, 2010 General Session
Amended by Chapter 399, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-01a > 53a-1a-513

53A-1a-513. Funding for charter schools.
(1) As used in this section:
(a) "Charter school students' average local revenues" means the amount determined asfollows:
(i) for each student enrolled in a charter school on the previous October 1, calculate thedistrict per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter schoolon the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of studentsenrolled in charter schools on the previous October 1.
(b) "District per pupil local revenues" means the amount determined as follows, usingdata from the most recently published school district annual financial reports and statesuperintendent's annual report:
(i) calculate the sum of a school district's revenue received from:
(A) a voted levy imposed under Section 53A-17a-133;
(B) a board levy imposed under Section 53A-17a-134;
(C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145;
(D) a tort liability levy imposed under Section 63G-7-704;
(E) a capital outlay levy imposed under Section 53A-16-107; and
(F) a voted capital outlay levy imposed under Section 53A-16-110; and
(ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
(A) a school district's average daily membership; and
(B) the average daily membership of a school district's resident students who attendcharter schools.
(c) "Resident student" means a student who is considered a resident of the school districtunder Title 53A, Chapter 2, Part 2, District of Residency.
(d) "Statewide average debt service revenues" means the amount determined as follows,using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed underSection 11-14-310; and
(ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school districtaverage daily membership.
(2) (a) Charter schools shall receive funding as described in this section, exceptSubsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
(b) Charter schools authorized by local school boards that are converted from districtschools or operate in district facilities without paying reasonable rent shall receive funding asprescribed in Section 53A-1a-515.
(3) (a) 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, tocharter schools, charter school pupils shall be weighted, where applicable, as follows:
(i) .55 for kindergarten pupils;
(ii) .9 for pupils in grades 1-6;
(iii) .99 for pupils in grades 7-8; and
(iv) 1.2 for pupils in grades 9-12.

(4) (a) (i) A school district shall allocate a portion of school district revenues for eachresident student of the school district who is enrolled in a charter school on October 1 equal to25% of the lesser of:
(A) district per pupil local revenues; or
(B) charter school students' average local revenues.
(ii) Nothing in this Subsection (4)(a) affects the school bond guarantee programestablished under Chapter 28, Utah School Bond Guaranty Act.
(b) The State Board of Education shall:
(i) deduct an amount equal to the allocation provided under Subsection (4)(a) from statefunds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum SchoolProgram Act; and
(ii) remit the money to the student's charter school.
(c) Notwithstanding the method used to transfer school district revenues to charterschools as provided in Subsection (4)(b), a school district may deduct the allocations to charterschools under this section from:
(i) unrestricted revenues available to the school district; or
(ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on theportion of the allocations to charter schools attributed to each of the revenue sources listed inSubsections (1)(b)(i)(A) through (F).
(d) (i) Subject to future budget constraints, the Legislature shall provide an appropriationfor charter schools for each student enrolled on October 1 to supplement the allocation of schooldistrict revenues under Subsection (4)(a).
(ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by thestate for a charter school student shall be the sum of:
(A) charter school students' average local revenues minus the allocation of school districtrevenues under Subsection (4)(a); and
(B) statewide average debt service revenues.
(iii) If the total of a school district's allocation for a charter school student underSubsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than$1427, the state shall provide an additional supplement so that a charter school receives at least$1427 per student under this Subsection (4).
(iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the amountprescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated amongcharter schools in proportion to each charter school's enrollment as a percentage of the totalenrollment in charter schools.
(B) If the State Board of Education makes adjustments to Minimum School Programallocations as provided under Section 53A-17a-105, the allocation provided in Subsection(4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
(e) Of the money provided to a charter school under this Subsection (4), 10% shall beexpended for funding school facilities only.
(5) Charter schools are eligible to receive federal funds if they meet all applicable federalrequirements and comply with relevant federal regulations.
(6) The State Board of Education shall distribute funds for charter school studentsdirectly to the charter school.
(7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state

transportation funding.
(b) The board shall also adopt rules relating to the transportation of students to and fromcharter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
(c) The governing body of the charter school may provide transportation through anagreement or contract with the local school board, a private provider, or with parents.
(8) (a) (i) The state superintendent of public instruction may allocate grants for bothstart-up and ongoing costs to eligible charter school applicants from money appropriated for theimplementation of this part.
(ii) Applications for the grants shall be filed on a form determined by the statesuperintendent and in conjunction with the application for a charter.
(iii) The amount of a grant may vary based upon the size, scope, and specialcircumstances of the charter school.
(iv) The governing board of the charter school shall use the grant to meet the expenses ofthe school as established in the school's charter.
(b) The State Board of Education shall coordinate the distribution of federal moneyappropriated to help fund costs for establishing and maintaining charter schools within the state.
(9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,endowment, gift, or donation of any property made to the school for any of the purposes of thispart.
(b) It is unlawful for any person affiliated with a charter school to demand or request anygift, donation, or contribution from a parent, teacher, employee, or other person affiliated withthe charter school as a condition for employment or enrollment at the school or continuedattendance at the school.

Amended by Chapter 3, 2010 General Session
Amended by Chapter 399, 2010 General Session


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