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Utah Administrative Code (Current through November 1, 2019) |
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R277. Education, Administration |
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R277-555. Corrective Action Against Charter School Authorizers |
| R277-555-1. Authority and Purpose |
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Latest version.
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(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 |
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Latest version.
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(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 |
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Latest version.
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(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. |