Iron County’s school board is weighing whether to continue overseeing SUCCESS Academy, transfer its charter to another authorizer, or begin the process of ending the charter. The choice follows an independent audit that identified concerns about the school’s payroll and records, according to Iron County Today. The board has not announced a decision.
The district is both the school’s authorizer and, under a separate agreement, a provider of services including finance, human resources, special education and technology. The agreement had not been updated since 2021, the outlet reported. District legal counsel Scott Garrett recommended updating the charter agreement and clarifying the scope and cost of contracted services, as well as notifying the state superintendent about the audit and adopting a state-approved remediation plan.
The options sit within statewide oversight rules
Utah’s rules establish ongoing responsibilities for authorizers: Rule R277-553 requires them to review their charter schools annually for compliance with charter agreements, statutes and board rules. Under the corrective-action rules, an authorizer subject to corrective action—not the charter school—may be referred to the State Board’s internal audit department for monitoring, with Audit Committee approval. That general requirement does not establish that SUCCESS Academy violated those standards or determine which option Iron County should choose. (Utah State Board of Education, Rule R277-553.)
A transfer also has a defined step for the school: Rule R277-552 requires a charter school seeking a new authorizer to submit an application to that authorizer at least 90 days before the proposed transfer. Iron County Today reported that SUCCESS Academy’s board—not the county school board—would have to initiate a transfer. The report also noted that terminating the charter involves legal requirements.
The broader history of Utah charter oversight offers context, not a finding about this school. In an October 2010 performance audit prompted by concerns about the finances of Beehive Science and Technology Academy, a different school, the Utah Office of the Legislative Auditor General recommended more comprehensive financial monitoring by the State Charter School Board. That recommendation concerned the state board, not Iron County or SUCCESS Academy. (Utah Office of the Legislative Auditor General.)
Audit findings and changes underway
The audit of SUCCESS Academy, conducted by GYST Compliance & Investigation after concerns were raised to the district and the school’s governing board, found what the report described as blurred accounting for consultant payments and payroll, missing special-education service logs, technology lockouts and disciplinary records kept separately across campuses, Iron County Today reported. The records setup raised concerns about consistent treatment of students, but the published account does not establish that students were treated differently.
The school is implementing changes that include naming a special-education compliance officer, creating unified discipline tracking and arranging contracted special-education services with Iron and Washington county school districts. The outlet reported that principals at the school’s Southern Utah University and Utah Tech University campuses are working toward special-education certifications.
Utah’s June 2023 special-education rules say the State Board of Education has general control and supervision over educational programs for students with disabilities statewide. That broad responsibility does not, by itself, establish a violation by SUCCESS Academy. (Utah State Board of Education, Special Education Rules.)
Board members said students must factor into the decision, according to Iron County Today. Member Tyrel Eddy said the board should not spend time drafting a new agreement if it is leaning toward termination. The board was scheduled to discuss next steps at its Tuesday business meeting.
