1. (1) A charter school established under the authority of Title 53G, Chapter 5, Charter Schools, may participate in the Risk Management Fund or any captive insurance company created by the risk manager upon the approval of the state risk manager and the governing body of the charter school.
2. (2) Each charter school participating in the Risk Management Fund shall comply with Section 63A-4-103.

3. (3)

   1. (a) Each year, the risk manager shall prepare, in writing, the information required by Subsection (3)(b) regarding the coverage against legal liability provided a charter school employee of this state:

      1. (i) by the Risk Management Fund or any captive insurance company created by the risk manager;
      2. (ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
      3. (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and Employees Act.

   2. (b)

      1. (i) The information described in Subsection (3)(a) shall include:

         1. (A) the eligibility requirements, if any, to receive the coverage;
         2. (B) the basic nature of the coverage for a charter school employee, including what is not covered; and
         3. (C) whether the coverage is primary or in excess of any other coverage the risk manager knows is commonly available to a charter school employee in this state.

      2. (ii) The information described in Subsection (3)(a) may include:

         1. (A) comparisons the risk manager considers beneficial to a charter school employee between:

            1. (I) the coverage described in Subsection (3)(a); and
            2. (II) other coverage the risk manager knows is commonly available to a charter school employee in this state; and
         2. (B) any other information the risk manager considers appropriate.
   3. (c) By no later than July 1 of each year, the risk manager shall provide the information prepared under this Subsection (3) to each charter school that participates in the Risk Management Fund or any captive insurance company created by the risk manager.
   4. (d) A charter school that participates in the Risk Management Fund or any captive insurance company created by the risk manager shall provide a copy of the information described in Subsection (3)(c) to each charter school employee within the charter school no later than the first day of each school year.
   5. (e) If a charter school hires an employee after the first day of the school year, no later than 10 days after the day on which the employee is hired, the charter school shall provide the information described in Subsection (3)(c) to the employee.

Amended by Chapter 33, 2021 General Session