Fast Facts:

Most recently amended: 2019

Number of charter schools: 134

Number of charter students: 79,300

Cap on the number of schools allowed: No cap; however, the charter enrollment is dependent on each year's budget bill.

Virtual charters allowed: Yes

Charter Law Analysis:

AUTHORIZERS: Local school boards, universities, and the State Charter School Board (SCSB), which is the statewide authorizer. The SCSB authorizes 95% of charter schools in the state. Nine universities can authorize charter schools, up from two in 2020; these include Dixie State University, Salt Lake Community College, Snow College, Southern Utah University, University of Utah, Utah Valley University, and Weber State University, as well as the Board of Directors at Utah Technical College. The law requires local universities to receive final authorization from the state board of education. Local boards are allowed to provide input on applications from their district to the SCSB. The SCSB and the local district board are allowed input into applications to university authorizers. The SCSB operates semi-autonomously from the State Board of Education, which means it is not as vulnerable to political pressure.

GROWTH: The state does not cap the number of charter schools allowed, but it does cap the number of students allowed to enroll in charter schools. The state board of education can approve increases in charter school capacity, but the legislature must appropriate funds in the budget for the increase. Any arbitrary limitation on the number of students who can attend charter schools denies families opportunities.

OPERATIONS: Schools must apply for a waiver from the state to operate free from regulations, placing a burden on schools to wade through copious rules for their requests. Charter schools may also provide enrollment preference for children of military.

EQUITY: The state provides operating funds for charters, but those funds are subject to budget fluctuations. This means that charters normally operate with less funding than district schools. The law stipulates a local replacement fund for local property tax amounts that district schools receive. The amount of the local replacement fund is tied to increases the legislature and local districts implement either as property tax raises or as state guarantees to local property taxes. The program requires that at least 10% of local funding must be spent on facilities. Charter schools are also entitled to all applicable federal funding.

Fast Facts:

Law enacted: 1998

Number of programs: 3

Types of programs: Education savings account, voucher, tax-credit scholarship

Choice Laws & Analysis:

Education Savings Account

Utah Fits All Scholarship Education Savings Account Program
The Utah Fits All Scholarship program, enacted in 2023 and launching in 2024, provides scholarships of up to $8,000 for any student eligible to participate in public school in kindergarten through grade twelve that is not receiving another choice scholarship. By the 2024-25 school year, all K-12 students in Utah will be eligible for the Education Savings Account program, but only 5,312 scholarships are available at the limit of an ongoing $42.5 million appropriation. Preference is given to applicants who surpass 200% of the federal poverty level and siblings of approved applicants.

Voucher Summary

Carson Smith Special Needs Scholarship Program
The Carson Smith Special Needs Scholarship Program was launched in 2005. Under this program, students with specific special needs are eligible to receive private school vouchers to attend private schools. While there is no income limit for eligibility, as of 2023 it only serves 931 students due to a yearly budget cap of $7 million annually.

Tax-Credit Scholarship

Utah's Special Needs Opportunity Scholarship Program
Utah's Special Needs Opportunity Scholarship Program was launched in 2021. While the program was expanded to include siblings with special needs scholarships, as of 2023, only $5.9 million in tax credits are available, limiting the number of students who can maximize the scholarship to 619.

USE OF STUDENT DATA IN EVALUATING TEACHER PREP

"Utah does not currently use student achievement or growth data to hold teacher preparation programs accountable."

This is just one indicator from The National Council on Teacher Quality, which collects and analyzes states on how well their policies and practices lead to well-prepared teachers. They collect data on state laws and regulations concerning the preparation of teachers, the policies that govern their oversight and the contracts that guide their employment. Learn more about your state here.