R277-552-2. Charter School Authorization Process

  (1) An individual or non-profit organization as described in Subsection 53G-5-302(2)(b) may apply to open a charter school from any statutorily approved authorizer.

  (2) An authorizer shall submit a process to the Board for approval of:

  (a) a new charter school;

  (b) a charter school expansion;

  (c) a replication school; or

  (d) a satellite school.

  (3) A new authorizer shall submit a new charter school application process to the Board for approval at least six months prior to accepting applications for a new charter school.

  (4)(a) The Board shall approve or deny an authorizer's application process within 65 days of receipt of the proposed process from an authorizer.

  (b) If the Board denies an application process, the Superintendent shall provide a written explanation of the reasons for the denial to the applicant within 45 days.

  (c) If an authorizer's application process is denied, the authorizer may submit a revised application process for approval at any time.

  (5) An existing authorizer may not authorize a new charter school for the 2021-22 school year and beyond until the Board approves the authorizer's application process.

  (6) An authorizer shall have an application and charter agreement, which shall include all elements required by Title 53G, Chapter 5, Part 3, Charter School Authorization.

  (7) An authorizer shall maintain the official charter agreement, which shall presumptively be the final, and complete agreement between a school and the school's authorizer.

  (8) An authorizer's review process for a new charter school shall include:

  (a) a plan for pre-operational and other trainings;

  (b) an evaluation of the school's governing board, including:

  (i) a review of the resumes of and background information of proposed governing board members; and

  (ii) a capacity interview of the proposed governing board;

  (c) an evaluation of the school's financial viability, including:

  (i) a market analysis;

  (ii) anticipated enrollment; and

  (iii) anticipated and break even budgets;

  (d) an evaluation of the school's academic program and academic standards by which the authorizer will hold the school accountable; and

  (e) an evaluation of the school's proposed pre-operational plan, including implementation of:

  (i) required policies;

  (ii) student data systems;

  (iii) reporting; and

  (iv) financial management.

  (9) An authorizer review process shall include contacting the school district in which a proposed charter school will be located and consideration of any feedback provided by the district.

  (10) An authorizer shall design its approval process so that the authorizer notifies the Superintendent of an authorizer approval of a request identified in Subsection (2) no later than October 1, one fiscal year prior to the state fiscal year the charter school intends to serve students.