(1) The state board shall enter into negotiations for a contract to operate a pilot school with each applicant it has selected. The contract shall be for five years' duration, commencing upon the date of its execution, and shall set forth the terms under which the pilot school shall operate. The contract may be renewed for an additional period of up to five years. The contract shall incorporate the pertinent provisions from the application and shall provide for termination for cause. The contract shall reflect all agreements regarding the release of the pilot school from state board policies and state statutes and regulations.
(2) The state board's decisions regarding the award and contents of a contract shall be final and shall not be reviewable by appeal, certiorari, mandamus, injunction, or otherwise.
Source: L. 96: Entire article added, p. 1816, � 5, effective July 1.
22-38-108. Pilot school contracts - renewal of application - grounds for nonrenewal or revocation. (1) A pilot school renewal application shall be submitted to the state board no later than six months before the expiration of the original contract and shall contain:
(a) A report on the progress of the pilot school in achieving the goals, objectives, student performance standards, content standards, and other terms of the initial approved pilot school application;
(b) A financial statement in a format determined by the state board that discloses the costs of administration, instruction, and other spending categories for the pilot school for each of the years of the contract. Such a statement shall be understandable to the general public and should allow comparison of such costs to other schools or other comparable organizations.
(c) A report on the population of the pilot school that discloses the following:
(I) The ethnic, racial, and gender composition of the school and the ages of the students who have attended the school since its inception;
(II) Disciplinary records of the students, including the dates, reasons, and background for each disciplinary incident;
(III) Records of student contacts with the juvenile or criminal justice systems;
(IV) Data on the dropout or graduation rates of the students;
(V) Information on the attendance of the students; and
(VI) Information on the success of the school in educating expelled students.
(2) A pilot school may be closed or a renewal application may be denied by the state board if the state board determines that the pilot school:
(a) Committed a material violation of any of the conditions, standards, or procedures set forth in the application;
(b) Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the pilot application;
(c) Failed to meet generally accepted standards of fiscal management; or
(d) Violated any provision of law from which the pilot school was not specifically exempted.
(3) A decision by the state board to close a pilot school or not to renew a pilot school application is subject to judicial review pursuant to the provisions of the State Administrative Procedure Act.
Source: L. 96: Entire article added, p. 1816, � 5, effective July 1.
Cross references: For the State Administrative Procedure Act, see article 4 of title 24.