R277-555. Corrective Action Against Charter School Authorizers

R277.  Education, Administration.

R277-555.  Corrective Action Against Charter School Authorizers.

R277-555-1.  Authority and Purpose.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

          (b)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

          (c)  Title 53G, Chapter 5, Charter Schools, which allows the Board to make rules governing aspects of operations of charter schools; and

          (d)  Subsection 53G-5-205(6), which authorizes the Board to establish reasonable consequences for a charter school authorizer that fails to comply with state statute or board rule.

          (2)  The purpose of this rule is to establish procedures for review and consequences for non-compliance by a charter school authorizer.

R277-555-2.  Authorizer Accountability.

          (1)  The Superintendent may initiate corrective action as described in this rule if an authorizer:

          (a)  fails to develop and implement a process meeting minimum standards for authorizing charter schools as described in Rule R277-552;

          (b)  fails to develop and implement a process meeting minimum standards for charter school oversight monitoring as described in Rule R277-553; or

          (c)  fails to comply with statute or Board rule.

          (2)  For each authorizer subject to corrective action, the Superintendent shall design and implement a consistent monitoring plan.

          (3)  The Superintendent shall clearly outline in a corrective action plan:

          (a)  all areas of noncompliance;

          (b)  steps required to satisfy the corrective action plan; and

          (c)  a reasonable time frame for an authorizer to correct identified issues.

          (4)  In addition to the requirements of Subsection (3), a corrective action plan may include provision and a timeline for:

          (a)  referral for monitoring by a Board section;

          (b)  referral for monitoring to the Board's internal audit department, with approval of the Board's Audit Committee;

          (c)  periodic meetings between a recipient administrator or governing board member and the Superintendent or a member of the Superintendency;

          (d)  planned appearances before the Board to provide status updates; and

          (e)  training for the authorizer's staff.

          (5)  The Superintendent may employ escalating restrictive conditions in a corrective action plan based on:

          (a)  the severity of the violation; or

          (b)  repeated violations by an authorizer.

          (6)  The Superintendent may include penalties for non-compliance with a corrective action plan in accordance with Subsection 53E-3-401(8).

          (7)  The Superintendent shall give notice and a copy of the corrective action plan in writing to:

          (a)  the authorizer's administrators; and

          (b)  the authorizer's governing board.

          (8)  The Superintendent shall notify an authorizer of changes to a corrective action plan.

          (9)  The Superintendent shall report to the Board monthly about the status of noncompliant authorizers.

R277-555-3.  Authorizer Appeals.

          (1)  An authorizer may file an appeal to the Board of any adverse decision of the Superintendent resulting from a corrective action plan or penalty.

          (2)  An appeal must be made in writing and within 30 days of the date of the Superintendent's action.

          (3)  The Board may:

          (a)  review the appeal as a full board; or

          (b)  refer the matter to a Board standing or audit committee to make a recommendation to the Board for action.

KEY:  charter schools, corrective action

Date of Last Change:  January 9, 2019

Notice of Continuation:  October 16, 2023

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401; 53G-5-205

Status of Rule

Effective January 9, 2019

Five-year review October 16, 2028

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
53E-3-401

Title 53G, Chapter 5, Charter Schools, specifically 53G-5-205

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-550, Charter Schools Definitions

R277-551, Charter Schools - General Provisions

R277-552, Charter School Timelines and Approval Processes

R277-553, Charter School Oversight, Monitoring, and Appeals

R277-554, State Charter School Board Grants and Mentoring Program

R277-556, Charter School Closure Reserve Account

Related Federal Law

None

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Resources

None

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Contact Information

Primary Contact:
Scott Jones
scott.jones@schools.utah.gov
Financial Operations

Secondary Contact:
Sam Urie
sam.urie@schools.utah.gov
Financial Operations

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This page was last updated on October 19, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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