Pub. 4 2014-2015 Issue 1

11 I n response to reoccurring questions regarding whether Charter Schools are public govern- mental entities, a February 13, 2013 formal opinion issued by the Utah Attorney General’s Office concluded that charter schools are public governmental entities under Utah law. This article highlights five points from that opinion. 1. The Utah Charter Schools Act, passed in 1998, makes it abundantly clear that charter schools are public entities. They are “considered to be public schools within the state’s public education sys- tem,” and serve to “establish new models of public schools ” and “expand public school choice. ” UCA §§ 53A-1a-503.5(1)(a), 503(5), (7) ( emphasis added ). Moreover, state law explicitly provides that charter school employees are public employees and the governing body is a public employer in regards to tort liability. 2. Charter Schools share many of the same require- ments as traditional public schools, and should be treated the same. Under Title 53A, charter schools “may not charge tuition or fees, except those fees normally charged by other public schools,” must comply with “all applicable federal, state, and local health, safety, and civil rights requirements,” and must make the same annual reports as other public schools, including an annual financial audit report to the State Auditor. 3. Charter schools can only be authorized by an appropriate governmental entity. Authorizations come from the State Charter School Board, the board of trustees of a higher education institu- tion, or a local school board. Once created, there is substantial government oversight. A chartering entity must annually evaluate the performance of each school it chartered, and any school that fails to comply with its statutory requirements or char- ter obligations is subject to significant sanctions, including termination of the charter. 4. Charter schools receive public revenues. They are entitled to appropriate portions of local school dis- trict revenues, and the Legislature can appropriate funds to charter schools to offset some of the prop- erty tax revenues not available to them. State funds for charter schools are distributed by the School Board, and in turn, charter schools are responsible for complying with all Board rules regulating how state appropriations are spent. 5. Like other public entities, charter schools must comply with the Utah Procurement Code, the Utah Open and Public Meetings Act, and the Govern- mental Records Access and Management Act. Utah’s judges routinely apply the Governmental Immunity Act of Utah to charter schools. Charter schools are covered by the Reimbursement of Legal fees and Costs to Officers and Employees Act and can participate in the state’s Risk Management Fund. Charter schools are legally entitled to be considered public governmental entities under Utah law. The Attor- ney General opinion can be obtained from many sources, including the Utah Association of Public Charter Schools or the Division of Risk Management. Charter Schools as Governmental Entities BY TANI DOWNING, DIRECTOR OF THE UTAH DIVISION OF RISK MANAGEMENT AND BRUCE GARNER, ASSISTANT ATTORNEY GENERAL