DAR File No. 30846

Education, Administration

R277-470-7

Timelines - Charter School Starting Date

NOTICE OF PROPOSED RULE

DAR File No.: 30846
Filed: 12/14/2007, 01:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section is amended to include the date of January 1 of the year a charter school is scheduled to open as the deadline for a charter school to acquire a facility (by written agreement) or begin construction on a new or existing facility.

Summary of the rule or change:

The new language provides the date of January 1 of the year the charter school is scheduled to open as the deadline for the charter school to acquire a facility (by written agreement) or begin construction on a new or existing facility.

State statutory or constitutional authorization for this rule:

Section 53A-1a-513 and Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The new language provides a timeline for charter schools which will help them provide a timely, permanent and adequate facility for students. This has no state budget impact.

local governments:

There are no anticipated cost or savings to the local government. The new language provides a timeline for charter schools which will help them provide a timely, permanent and adequate facility for students. This has no charter school budget impact. Charter schools are local education/governmental units.

small businesses and persons other than businesses:

There are no anticipated cost or savings to small businesses AND persons other than businesses. The new language provides a timeline for charter schools which will help them provide a timely, permanent and adequate facility for students. This has no small businesses impact or impact on other persons.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The new language provides a timeline for charter schools which will help them provide a timely, permanent and adequate facility for students.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2008

This rule may become effective on:

02/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-470. Charter Schools.

R277-470-7. Timelines - Charter School Starting Date.

A. The State Charter School Board shall accept a proposed starting date from a charter school applicant, or the State Charter School Board shall negotiate and recommend a starting date prior to recommending final charter approval to the Board.

B. A local or state-chartered school shall be approved by November 30, two years prior to the school year it intends to serve students in order to be eligible for state funds.

C. A local or state-chartered school shall acquire a facility and enter into a written agreement, or begin construction on a new or existing facility no later than January 1 of the year the school is scheduled to open.

[C]D. If students are not enrolled and attending classes by October 1, a charter school shall not receive funding from the state for that school year.

[D]E. Despite a charter school meeting starting dates, a charter school shall be required to satisfy R277-419 requirements of 180 days and 990 hours of instruction time, unless otherwise exempted by the Board under 53A-1a-511.

[E]F. The Board may, following review of information, approve the recommended starting date or determine a different charter school starting date after giving consideration to the State Charter School Board recommendation.

 

KEY: education, charter schools

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2008

Notice of Continuation: October 31, 2003

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1a-515; 53A-1a-505; 53A-1a-513; 53A-1a-502; 53A-1-401(3); 53A-1a-510; 53A-1a-509; 41-6-115