2006 Utah Code - 53A-1a-510 — Termination of a charter.

     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 (5), failure to make adequate yearly progress under the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
     (d) violation of law; or
     (e) other good cause shown.
     (2) (a) The chartering entity shall notify the governing body of the school of the proposed termination in writing, state the grounds for the termination, and stipulate that the governing body may request an informal hearing before the chartering entity.
     (b) The chartering entity shall conduct the hearing in accordance with Title 63, Chapter 46b, Administrative Procedures Act, within 30 days after receiving a written request under Subsection (2)(a).
     (c) If the chartering entity, by majority vote, approves a motion to terminate a charter school, the governing body of the charter school may appeal the decision to the State Board of Education.
     (d) (i) The State Board of Education shall hear an appeal of a termination made pursuant to Subsection (2)(c).
     (ii) The State Board of Education's action is final action subject to judicial review.
     (3) The chartering entity may terminate a charter immediately if good cause has been shown or if the health, safety, or welfare of the students at the school is threatened.
     (4) 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.
     (5) (a) If a charter is terminated, a student who attended the school may apply to and shall be enrolled in another public school under the enrollment provisions of Title 53A, Chapter 2, Part 2, District of Residency, subject to space availability.
     (b) Normal application deadlines shall be disregarded under Subsection (5)(a).
     (6) A chartering entity may terminate a charter pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.

Amended by Chapter 291, 2005 General Session