Opening of new school prohibited; circumstances.

Sec. 392. The board of a community district shall not open a new school if both of the following circumstances exist: (a) The proposed school would operate at the same location as a public school that currently is on the list under federal accountability requirements as provided under the every student succeeds act, Public Law 114-95, of the public schools in this state determined to be among the lowest achieving 5% of public schools in this state or has been on the list under federal accountability requirements as provided under the every student succeeds act, Public Law 114-95, during the immediately preceding 3-year period of the public schools in this state determined to be among the lowest achieving 5% of public schools in this state. (b) The proposed school would have substantially the same leadership and substantially the same curriculum offerings as the school that previously operated at that location.