(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 for-profit entity to
operate an institute charter school.
(3)The charter contract between the institute charter school and
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(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 for-profit entity to
operate an institute charter school.
(2) Repealed.
(3) The charter contract between the institute charter school and the
institute shall reflect all 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.
(4) A material revision of the terms of the charter contract may be made only
with the approval of the institute and the governing body of the institute charter
school.
(5) Any term included in a charter contract that would require an institute
charter school to 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.
(6) An institute charter school that provides a half-day kindergarten
educational program before 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.