R277-552-3. Timelines - Charter School Starting Date and Facilities

  (1) A charter school may receive state start-up funds if the charter school is approved as a new charter school by October 1, one fiscal year prior to the state fiscal year the charter school intends to serve students.

  (2) Prior to receiving state start-up funds an authorizer shall certify in writing to the State Charter School Board that a charter school has:

  (a) completed all financial identifying documents;

  (b) completed background checks for each governing board member; and

  (c) executed a signed charter agreement, which includes academic goals.

  (3) Prior to an LEA receiving state start-up funds, the State Charter School Board shall require the LEA to submit documentation supporting the information required in Subsections (2)(a) and (c) to the Superintendent.

  (4) A charter school may receive state funds, including minimum school program funds, if the charter school authorizer certifies in writing to the Superintendent by June 30 prior to the school's first operational year that:

  (a) the charter school meets the requirements of Subsection (2);

  (b) the charter school's governing board has adopted all policies required by statute or board rule, including a draft special education policies and procedures manual;

  (c) the charter school's governing board has adopted an annual calendar in an open meeting and has submitted the calendar to the Superintendent;

  (d) the authorizer has received the charter school's facility contract as required by Subsection 53G-5-404(9);

  (e) the charter school has met the requirements of Subsections (5) and (6) and that the school's building is on track to be completed prior to occupancy;

  (f)(i) the charter school has hired an executive director and a business administrator; or

  (ii)(A) the charter school governing board has designated an executive director or business administrator employed by a third party; and

  (B) the charter school governing board has established policies regarding the charter school's supervision of the charter school's third-party contractors;

  (g) the charter school's enrollment is on track to be sufficient to meet the school's financial obligations and implement the charter school agreement;

  (h) the charter school has an approved student data system that has successfully communicated with UTREx, including meeting the compatibility requirements of Subsection R277-484-5(3); and

  (i) the charter school has a functional accounting system.

  (5) An authorizer shall:

  (a) create a process to verify the requirements in Subsection (4);

  (b) maintain documentation of Subsection (5)(a); and

  (c) provide the documentation described in Subsection (5)(b) to the Superintendent upon request.

  (6) A charter school shall begin construction on a new or existing facility requiring major renovation, such as requiring a project number consistent with Rule R277-471, no later than January 1 of the year the charter school is scheduled to open.

  (7) A charter school that intends to occupy a facility requiring only minimal renovation, such as renovation not requiring a project number according to Rule R277- 471, shall enter into a written agreement no later than May 1 of the calendar year the charter school is scheduled to open.

  (8) If a charter school fails to meet the requirements of this section within 36 months of approval, the approval of the charter school shall expire.