20-6-812. Funding for public charter schools. (1) It is the intent of the legislature that a public charter school receive operational funding on a per-pupil basis that is equitable with the per-pupil funding of the located school district.

(2) (a) This subsection (2) applies to the budgeting and funding of a public charter school operated by a local school board.

(b) A public charter school must be considered a separate budget unit of the located school district and must have its ANB calculated separately from other budget units of the district. Except as provided in subsection (2)(c), a public charter school must receive a basic entitlement calculated separately from other budget units of the district when its ANB is greater than:

(i) 70 for an elementary school or program;

(ii) 20 for a middle school or program; or

(iii) 40 for a high school or program.

(c) For the first operating year of a public charter school:

(i) the public charter school is not eligible for the per-ANB entitlement, and the public charter school's eligibility for a separate basic entitlement under subsection (2)(a) must be based on the planned enrollment provided in the public charter school's application as required in 20-6-805(3) and converted to ANB; and

(ii) if, after the October enrollment count, the public charter school's actual enrollment converted to ANB does not meet the eligibility requirements for a separate basic entitlement under subsection (2)(b), the basic entitlement of the public charter school is subject to the return of overpayment provisions under 20-9-344.

(d) For the second and third operating years of a public charter school, a public charter school's 3-year-average ANB is equal to its current year ANB.

(3) (a) This subsection (3) applies to the budgeting and funding of a public charter school district.

(b) The funding of the public charter school district must be distributed as BASE aid, except as provided in this subsection (3)(b), at 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator and qualified staff payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. The total amount of funding received by a public charter school district under this subsection (3)(b) is both the minimum amount and the maximum amount of state funding for the public charter school district unless otherwise appropriated by the legislature.

(c) Except as provided in subsection (3)(d), a public charter school district is not eligible for a basic entitlement unless its ANB is greater than:

(i) 70 for an elementary school or program;

(ii) 20 for a middle school or program; or

(iii) 40 for a high school or program.

(d) For the first operating year of a public charter school district:

(i) the public charter school district's per-ANB entitlement, Indian education for all payment, data-for-achievement payment, special education allowable cost payment, and eligibility for a basic entitlement must be based on the planned enrollment provided in the public charter school district's application as required in 20-6-805(3) and converted to ANB; and

(ii) if, after the October enrollment count, the public charter school district's actual enrollment converted to ANB is less than its planned enrollment converted to ANB or does not meet the eligibility requirements for a basic entitlement pursuant to subsection (3)(c), the public charter school district is subject to the return of overpayment provisions under 20-9-344.

(4) Students attending a public charter school governed by a local school board who are not residents of the located school district generate funding in the same manner as other nonresident students attending a school of the located district under an out-of-district attendance agreement pursuant to Title 20, chapter 5, part 3.

(5) (a) Except as provided in subsection (5)(b), a public charter school district is prohibited from charging tuition and fees, and the provisions for out-of-district attendance under Title 20, chapter 5, part 3, do not apply to a public charter school district.

(b) The provisions for out-of-district attendance for a child with a disability under Title 20, chapter 5, part 3, apply to a public charter school district, including the resident school district's obligation to support a portion of the costs of the child's education.

(6) For a public charter school that is not governed by the local school board, the county treasurer of the county in which a public charter school is located shall establish funds for the public charter school separate from the funds of the located school district.

(7) The governing board of a public charter school shall report annually on the financial activities of the public charter school in the manner prescribed in 20-9-213(6).

(8) A public charter school district may obligate the public charter school district to indebtedness and is solely responsible for those debts. A public charter school district is not responsible for any debt service obligations that exist in the located school district.

(9) (a) Nothing in this part may be construed to prohibit any person or organization from providing funding or other assistance for the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts or donations of any kind made to the public charter school and to expend or use the gifts or donations in accordance with the conditions prescribed by the donor. A gift or donation may not be accepted if the gift or donation is subject to a condition that is contrary to any provision of law or term of the charter contract.

(b) A public charter school district may receive donations for innovative educational programs as provided for in 15-30-2334, 15-30-3110, and 15-31-158.

(10) Money received by a public charter school from any source and remaining in the public charter school's accounts at the end of a budget year must remain in the public charter school's accounts for use by the public charter school in subsequent years.