21-3-305. Charter schools; contract contents; regulations.
(a) An approved charter application shall serve as the basis for a contract between the charter school and the school district.
Note: Effective 7/1/2022 this subsection will read as:
(a) An approved charter application shall serve as the basis for a contract between the charter school and the authorizer. The charter contract shall:
(i) Be a written instrument which is a separate document from the charter application;
(ii) Be executed by an authorizer and a charter school;
(iii) Confer certain rights, privileges and obligations on the charter school;
(iv) Confirm the status of the charter school as a public school;
(v) Be granted for five (5) years;
(vi) Provide for a review by the authorizer of the charter school's performance, including the progress of the charter school in achieving the academic goals set forth in the charter, at least one (1) time in each five (5) year period that the charter is in effect;
(vii) Provide for renewal of the charter if the authorizer and the charter school agree to renew the charter pursuant to a renewal application. The renewal application shall meet the requirements of subsection (b) of this section;
(viii) Specify the grounds for the authorizer to:
(A) Revoke the charter before the term for which the charter is granted;
(B) Not renew a charter.
(ix) Set forth the methods by which the charter school will be held accountable for achieving the educational mission and goals of the charter school, including the following:
(A) Evidence of adequate performance or improvement in:
(I) Assessment measures, including the statewide assessment system measures;
(II) Attendance rates;
(III) Graduation rates, if applicable;
(IV) Statewide education accountability system measures;
(V) Financial performance and stability; and
(VI) Governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.
(B) Evidence of progress toward reaching the educational goals set by the charter school.
(x) Describe the method to be used to monitor the charter school's:
(A) Compliance with applicable law; and
(B) Progress in meeting targeted educational performance.
(xi) Specify that the authorizer and the charter school may amend the charter during the term of the charter by mutual consent and describe the process for amending the charter;
(xii) Describe specific operating requirements, including all the matters set forth in the application for the charter;
(xiii) Specify dates for the charter school to:
(A) Begin school operations; and
(B) Have students attending the charter school.
(xiv) Specify that records of a charter school relating to the school's operation and the school's charter are subject to inspection and copying to the same extent that records of a public school are subject to inspection and copying;
(xv) Specify that records provided by the charter school to the department or authorizer that relate to compliance by the charter school with the terms of the charter or applicable state or federal laws are subject to inspection and copying;
(xvi) Require a charter school to set annual performance targets in conjunction with the charter school's authorizer. The annual performance targets shall be designed to help each school meet applicable federal, state and authorizer requirements.
(b) The contract between the charter school and the school district shall reflect all agreements regarding the release of the charter school from school district policies.
Note: Effective 7/1/2022 this subsection will read as:
(b) The contract between the charter school and the authorizer may be renewed pursuant to a renewal application. The renewal application shall:
(i) Include any guidance provided by the authorizer specifying performance criteria that will guide the authorizer's renewal decisions;
(ii) At a minimum, provide an opportunity for the charter school to:
(A) Present evidence, beyond the data contained in the performance report, supporting charter renewal;
(B) Describe improvements undertaken or planned for the charter school; and
(C) Detail the charter school's plans for the next charter term.
(iii) Be submitted by the governing board of a charter school seeking renewal not later than December 31 of the year preceding the start of the school year that the charter expires, under the renewal application guidance issued by the authorizer.
(c) The contract between the charter school and the school district shall reflect all approved requests for release of the charter school from state statutes and regulations. Within ten (10) days after the contract is approved by the school district, any request for release from state statutes and regulations shall be delivered by the school district to the state board. Within forty-five (45) 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 school district and the charter school of its decision. If the state board denies the request, it shall notify the school district and the charter school in writing that the request is denied and specify the reasons for denial. If the school district and the charter school do not receive notice of the state board's decision within forty-five (45) 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 regulations, the denial shall specify the state statutes and regulations for which the release is denied, and the denial shall apply only to those state statutes and regulations so specified.
Note: this subsection is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.
(d) A material revision of the terms of the contract shall be made only with the approval of the school district and the governing body of the charter school.
Note: this subsection is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.
(e) The contract between the charter school and the school district shall provide that upon closure of the charter school any charter school assets purchased with public funds shall become the property of the school district.
Note: this subsection is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.
(f) The authorizer shall make a final ruling on the renewal application not later than April 1 following the filing of the renewal application under this subsection. The April 1 deadline does not apply to any review or appeal of a final ruling. If a school district denies renewal of a charter, the charter school board may appeal to the state loan and investment board for a de novo consideration of the renewal. The state loan and investment board shall consider the renewal and if the renewal is approved shall be the authorizer of the charter school. [NOTE: This section will be effective 7/1/2022.]
(g) After a charter school authorized by the state loan and investment board has been in operation for one (1) year or has been renewed by the state loan and investment board, the state loan and investment board may delegate to the school district where the charter school operates any of the functions of an authorizer under this article provided that: [NOTE: This section will be effective 7/1/2022.]
(i) The charter school and the school district approve the delegation of functions; and [NOTE: This paragraph will be effective 7/1/2022.]
(ii) The charter school shall retain the right to seek renewal of the charter from the state loan and investment board. [NOTE: This paragraph will be effective 7/1/2022.]