Issue Date: 8/21/2019
Childcare centers in public schools
Upon receiving a request from a community group such as a community council, local PTA or student/parent organization, the Board may authorize the use of a part of any school building in the district to provide child care services for school aged children. The Board shall provide written public notice of its intent to authorize a childcare center. The Board shall file a copy of this Notice with the Office of Child Care within the Department of Workforce Services and the Department of Health. Utah Code § 53G-7-213(1) (2019)
The Board may only exercise its discretion to authorize establishment of a childcare center in a public school building upon determining that the childcare center will not interfere with the building's use for regular school purposes. The determination to open a childcare center in a school building of the District shall be made at the sole discretion of the Board. Utah Code § 53G-7-213(2) (2019)
Withdrawal of approval
After granting approval to operate a childcare center, if the Board determines that such operation interferes with the operation or interest of the school, then it may withdraw its approval. Withdrawal of the Board's approval for operation of a child care center will be made in good faith but may be made at any time. Utah Code § 53G-7-213(2) (2019)
Costs and fees
The Board will charge a commercially reasonable fee for the use of a school building or a part of a school building as a childcare center so that the District does not incur an expense. The fee shall include but not be limited to costs for utilities, building maintenance and administrative services supplied by the school or District and related to the operation of the childcare center. The Superintendent shall determine the amount of the fee to be charged. The amount of the fee may be changed at any time by the District to reflect increases or decreases in costs incurred by the District from the operation of the childcare center. Utah Code § 53G-7-213(3) (2019)
The childcare facility may be operated by governmental agencies other than the District, non-profit community service groups or private providers. If competitive proposals to provide child care services are submitted, the Board will give preference to any private provider or non-profit community service groups insofar as their proposals are judged to be at least equal to the proposal of any governmental agency in order to minimize state and district involvement. Utah Code § 53G-7-213(4) (2019)
Compliance with laws, regulations and district policies
District involvement in the operation of the childcare facility shall be minimal. District administration shall require that the provider operate within all applicable legal requirements. Childcare centers established pursuant to this policy shall operate in compliance with State and local laws and regulations including zoning and licensing requirements and shall comply with the policies of the District.
A childcare center within a public school building must make its services available to all children regardless of the residence of those children. However, if space and resources in the facility are limited, first priority shall be given to those children who reside within the school boundaries of the school where the child care facility is located and to the children of teachers and other employees of the school where the child care center is located. Second priority shall be given to those children who reside within District boundaries. Utah Code § 53G-7-213(6) (2019)
Prior to commencing an operation of a center, the provider must furnish proof of liability insurance which is adequate in the opinion of the Board for use of school property as a childcare center. If the District is participating in the State Risk Management Fund, it must require the provider of childcare services to comply with the applicable provisions of Title 63A, Chapter 4, Risk Management.
Except for the paragraph regarding compliance with laws, regulations and District policies, this policy does not apply to child care centers established by the District within a school building if the center offers child care services primarily to children of District employees or children of students of the District. Utah Code § 53G-7-213(9) (2019)