HB 241 — Charter School Amendments

HB0241S03 compared with HB0241S01HB0241 {Omitted text} shows text that was in HB0241S01HB0241 but was omitted in HB0241S03 inserted text shows text that was not in HB0241S01HB0241 but was inserted into HB0241S03 DISCLAIMER:

▸ gives charter schools {the first option } parity with eligible entities to purchase decommissioned school property;

and H ▸ makes technical changes.

BH Money Appropriated in this Bill:

0B None 42 Other Special Clauses:

S4 NoneHB0241 0 HB0241S01 compared with HB0241S03 None Utah Code Sections Affected:

- 2 - HB0241 compared with HB0241S03 (4) The state superintendent shall make loans to charter schools from the account to pay for the costs of:

- 2 - HB0241S01 compared with HB0241S03 (a) planning expenses;

- 3 - HB0241 compared with HB0241S03 (b) "Fund" means the Charter School Revolving Fund.

- 3 - HB0241S01 compared with HB0241S03 (2) (a) There is created within the Uniform School Fund a restricted account known as the Charter School Revolving Fund to provide assistance to charter schools to:

- 4 - HB0241 compared with HB0241S03 (7) A loan under this section may not be made unless the Utah Charter Finance Authority approves the loan.

- 4 - HB0241S01 compared with HB0241S03 (8) The Utah Charter Finance Authority shall set the term of a loan to a charter school under this section.

and - 5 - HB0241 compared with HB0241S03 (d) has been declared by the school district to be surplus.

- 5 - HB0241S01 compared with HB0241S03 53G-4-902.

- 6 - HB0241 compared with HB0241S03 (b) a park or other open space;

- 6 - HB0241S01 compared with HB0241S03 (d) a facility for the promotion, creation, or retention of public or private jobs within the state through planning, design, development, construction, rehabilitation, business relocation, or any combination of these, within a county, city, or town;

{(8)(8) {Charter(a) schools{This andsection eligibledoes entitiesnot haveapply equal rights to purchasethe propertydisposal underof this} sectionIf andboth Sectiona 53G-4-904,charter withschool neither{building having} priorityand over{associated thereal other.}property }described (8)in (a)Section If53G-4-904, bothwhich aprovides charter schoolschools andwith } one or more eligible entities express interest in purchasing the same surplus property under this section, the {first option to purchase.} school district may select among applicants based on factors including:

(i)(b){(i)} {After charter schools have exercised or waived the right to the first option to purchase under Section 53G-4-904, an eligible entity may purchase the property under this section.} educational program fit;

- 7 - HB0241 compared with HB0241S03 53G-4-904.

Charter school {first } eligible entity option to purchase decommissioned school buildings and property -- Restrictions on resale.

- 7 - HB0241S01 compared with HB0241S03 (a) "Originating LEA" means the LEA that owns the school building to be disposed of or {decomissioned} decommissioned.

(2) Before an LEA may dispose of a school building and associated real property through the sale {or other disposition } of the property, the LEA shall provide charter schools and eligible entities, as defined in Section 53G-4-902, with the {first } option to purchase the school building and associated real property.

(6) If multiple charter schools or eligible entities express interest, the LEA may select among {charter school } applicants based on factors including educational program fit, financial capacity, and community benefit.

- 8 - HB0241 compared with HB0241S03 (b) If a charter school that purchased property under this section intends to sell the property, the originating LEA may purchase, and the charter school shall sell, the property at a price equal to the price the charter school paid for the property plus the cost of any existing improvements that the charter school made to the property after it purchased the property.

- 8 - HB0241S01 compared with HB0241S03 (b){(c)} If {a charter school that purchased property under this section intends to dispose of } the originating LEA does not reacquire the propertyunder Subsection (7)(b), the charter school shall:

(i) provide all charter schools authorized within the state and all eligible entities with the {first } option to purchase in accordance with the procedures established in this section;

and (ii) after charter schools and eligible entities have exercised or waived the {charter schools' rights, provide school districts } right, the {opportunity to purchase the property before offering } charter school may offer the property for sale to any other entity.

and (ii) {after all charter schools have waived the right to } the {first option to purchase, the } state board shall distribute the notice to all school districts and eligible entities in the state.

{(10) {The provisions of this section take priority over and supersede any conflicting provisions in Section 53G-4-902 regarding the disposal of school buildings and associated real property.} } Section 6.

- 9 - HB0241 compared with HB0241S03 (1) The purposes of the state's charter schools are to enhance school choice, meet the unique needs of Utah families, and encourage innovation within the public education system by:

- 9 - HB0241S01 compared with HB0241S03 [(5)] (e) establishing new educational models and new forms of accountability that emphasize unique performance measures and innovative measurement tools to measure education outcomes;

- 10 - HB0241 compared with HB0241S03 (a) creating a new school;

"I do solemnly swear that I will support, obey, and defend the - 10 - HB0241S01 compared with HB0241S03 Constitution of the United States and the Constitution of the State of Utah, and that I will discharge the duties of my office as a charter school governing board member with fidelity." (2) The charter school's authorizer shall ensure the oath is administered by: