process -- Prohibited basis of application denial. (1) (a) An applicant seeking authorization of a charter school from the State Charter School Board shall provide a copy of the application to the local school board of the school district in which the proposed charter school will be located either before or at the same time as the applicant files the charter school application with the State Charter School Board. (b) The local school board may review the application and may offer suggestions or recommendations to the applicant or the State Charter School Board before taking action on the application. (c) The State Charter School Board shall give due consideration to suggestions or recommendations made by the local school board under Subsection (1)(b). (d) The State Charter School Board shall review and, by majority vote, either approve or deny the application. (e) A charter school application may not be denied on the basis that the establishment of the charter school will have any or all of the following impacts on a public school, including another charter school: (i) an enrollment decline; (ii) a decrease in funding; or (iii) a modification of programs or services. (2) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make a rule providing a timeline for the opening of a charter school following the approval of a charter school application by the State Charter School Board. (3) After approval of a charter school application and in accordance with Section 53G-5-303, the applicant and the State Charter School Board shall set forth the terms and conditions for the operation of the charter school in a written charter agreement. (4) The State Charter School Board shall, in accordance with state board rules, establish and make public the State Charter School Board's: (a) application requirements, in accordance with Section 53G-5-302; (b) application process, including timelines, in accordance with this section; and (c) minimum academic, governance, operational, and financial standards.
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