(1) (a) An approved institute charter school application shall serve as the basis for a charter contract between the institute charter school and the institute.
(b) The institute board may approve an institute charter school application submitted by a nonprofit entity, and the institute may enter into a charter contract directly with the nonprofit entity to operate an institute charter school. The institute board shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the institute shall not enter into a charter contract directly with a forprofit entity to operate an institute charter school.
Repealed.
The charter contract between the institute charter school and the institute shall reflectall requests for release from state statutes and rules made by the institute charter school applicant. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the institute charter school of its decision. If the state board denies the request, it shall notify the institute charter school in writing that the request is denied and specify the reasons for denial. If the institute charter school does not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or rules, the denial shall specify the state statutes and rules for which the release is denied, and the denial shall apply only to those state statutes and rules so specified.
A material revision of the terms of the charter contract may be made only with theapproval of the institute and the governing body of the institute charter school.
Any term included in a charter contract that would require an institute charter schoolto waive or otherwise forgo receipt of any amount of operational or capital construction funds provided to the institute charter school pursuant to the provisions of this part 5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit any institute charter school from contracting with the institute for the purchase of services, including but not limited to the purchase of educational services.
An institute charter school that provides a half-day kindergarten educational programbefore the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the institute board of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The institute charter school and the institute board shall amend the charter contract as necessary to allow for the program expansion. If the institute board objects to the program expansion, the institute board shall provide to the institute charter school a written explanation of the grounds for its objection. If the institute charter school and the institute board cannot agree on an amendment to the charter contract for the program expansion, the institute charter school may submit to the state board a notice of appeal, stating the grounds for the appeal. Within sixty days after receiving the notice of appeal and after reasonable public notice, the state board shall review the decision of the institute to deny the program expansion and determine whether the decision was arbitrary and capricious. The state board shall remand the matter to the institute with instructions to approve or deny the program expansion. The decision of the state board shall be final and not subject to appeal.
Source: L. 2004: Entire part added, p. 1606, § 1, effective July 1. L. 2007: (2) repealed, p. 745, § 28, effective May 9. L. 2009: (5) amended, (SB 09-256), ch. 294, p. 1556, § 14, effective May 21. L. 2012: (1) amended, (SB 12-067), ch. 131, p. 452, § 7, effective August 8. L. 2019: (6) added, (HB 19-1262), ch. 245, p. 2400, § 9, effective May 21.