Charter School Revolving Account.

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Affected by 63I-1-253 on 7/1/2024

Effective 5/12/2020
53F-9-203. Charter School Revolving Account.
  • (1)
    • (a) The terms defined in Section 53G-5-102 apply to this section.
    • (b) As used in this section, "account" means the Charter School Revolving Account.
  • (2)
    • (a) There is created within the Uniform School Fund a restricted account known as the "Charter School Revolving Account" to provide assistance to charter schools to:
      • (i) meet school building construction and renovation needs; and
      • (ii) pay for expenses related to the start up of a new charter school or the expansion of an existing charter school.
    • (b) The state board, in consultation with the State Charter School Board, shall administer the Charter School Revolving Account in accordance with rules adopted by the state board.
  • (3) The Charter School Revolving Account shall consist of:
    • (a) money appropriated to the account by the Legislature;
    • (b) money received from the repayment of loans made from the account; and
    • (c) interest earned on money in the account.
  • (4) The state superintendent shall make loans to charter schools from the account to pay for the costs of:
    • (a) planning expenses;
    • (b) constructing or renovating charter school buildings;
    • (c) equipment and supplies; or
    • (d) other start-up or expansion expenses.
  • (5) Loans to new charter schools or charter schools with urgent facility needs may be given priority.
  • (6) The state board shall:
    • (a) except as provided in Subsection (7)(a), review requests by charter schools for loans under this section; and
    • (b) in consultation with the State Charter School Board, approve or reject each request.
  • (7)
    • (a) The state board may establish a committee to:
      • (i) review requests under Subsection (6)(a); and
      • (ii) make recommendations to the state board and the State Charter School Board regarding the approval or rejection of a request.
    • (b)
      • (i) A committee established under Subsection (7)(a) shall include individuals who have expertise or experience in finance, real estate, or charter school administration.
      • (ii) Of the members appointed to a committee established under Subsection (7)(a):
        • (A) one member shall be nominated by the governor; and
        • (B) the remaining members shall be selected from a list of nominees submitted by the State Charter School Board.
    • (c) If the committee recommends approval of a loan application under Subsection (7)(a)(ii), the committee's recommendation shall include:
      • (i) the recommended amount of the loan;
      • (ii) the payback schedule; and
      • (iii) the interest rate to be charged.
    • (d) A committee member may not:
      • (i) be a relative, as defined in Section 53G-5-409, of a loan applicant; or
      • (ii) have a pecuniary interest, directly or indirectly, with a loan applicant or any person or entity that contracts with a loan applicant.
  • (8) A loan under this section may not be made unless the state board, in consultation with the State Charter School Board, approves the loan.
  • (9) The term of a loan to a charter school under this section may not exceed five years.
  • (10) The state board may not approve loans to charter schools under this section that exceed a total of $2,000,000 in any fiscal year.
  • (11)
    • (a) On March 16, 2011, the assets of the Charter School Building Subaccount administered by the state board shall be deposited into the Charter School Revolving Account.
    • (b) Beginning on March 16, 2011, loan payments for loans made from the Charter School Building Subaccount shall be deposited into the Charter School Revolving Account.




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