Federal law: The first U.S. charter schools were intended to provide alternatives for students in failing urban schools, which are often in areas of high ethnic diversity. To prevent exclusion, federal law mandates that no enrollment preference can be given to students based on race, income or gender.
In Utah, this law prevents charter schools with a mission of encouraging diversity from giving enrollment preference to students of diverse ethnic backgrounds. The law also prevents schools focusing on science and technology from giving enrollment preference to girls, who are under-represented.
State law: Two-mile radius: In 2005, the Legislature passed a law allowing Utah's charter schools to give enrollment preference to students living within a two-mile radius of the school building. The law has not been applied because the U.S. Department of Education notified the state that it violates federal policies, and could prevent schools from receiving federal funds.
Earlier this year, developers of the expensive Traverse Mountain community sought permission to build a satellite campus of Draper's American Preparatory Academy in their Lehi suburb. Because the developer agreed to cover start-up costs usually paid by federal grants, founders planned to use this law to ensure that students from the community would have enrollment preference at the school.
(The state charter school board approved the expansion, but the state school board overturned the decision, ruling that the new school should submit a separate charter application.)
Effect on public schools: A 2005 Utah law says charter school applications cannot be denied because the schools may cause enrollment declines, funding decreases or program modifications in nearby public schools.
Some believe the law prohibits charter-granting entities from considering district concerns that charter schools are siphoning away affluent, white students.
