1. (1) Charter schools:

   1. (a) are considered to be public schools within the state's public education system;
   2. (b) are subject to Subsection 53E-3-401(8); and
   3. (c) shall be governed by an independent board whose members have taken the oath of office as described in Section 53G-5-406.5, and held accountable to a legally binding written contractual agreement.

2. (2) A charter school may be established by:

   1. (a) creating a new school; or
   2. (b) converting an existing district school to charter status.
3. (3) A parochial school or home school is not eligible for charter school status.

Amended by Chapter 228, 2026 General Session