1. The application review process must include a thorough evaluation of the application and an in-person interview with the applicant at a public meeting. 2. The superintendent of public instruction shall: a. Grant charters to applicants demonstrating competence in the charter application. b. Base decisions on documented evidence collected through the application review process. c. Follow charter granting policies and practices that are transparent, merit based, and avoid a conflict of interest or the appearance of a conflict of interest. 3. No later than ninety days after the deadline for filing applications, the superintendent of public instruction shall approve or deny each application. The superintendent of public instruction shall publicly notice and publish public charter school application decisions. 4. An approval decision may include reasonable conditions the applicant must meet before a charter performance agreement may be executed. Reasonable conditions may not include enrollment caps. 5. If the superintendent of public instruction conditionally approves or denies an application, the superintendent of public instruction clearly shall state the reasons in writing. 6. The superintendent of public instruction shall maintain a list of approved charter applications in chronological order by date of approval. 7. An approved application is not a charter performance agreement.
15.1-40-10. Charter performance agreements - Performance-based accountability - Data reporting. 1. If an application is approved, the superintendent of public instruction and the governing board of the public charter school shall execute a charter performance agreement no later than sixty days after approval, including: a. Academic, operational, and fiscal performance expectations and measures by which the public charter school will be judged. b. A description of the standards and processes under which the superintendent of public instruction will oversee and monitor the public charter school.
c. Actions the superintendent of public instruction may pursue to revoke a charter performance agreement. 2. A charter performance agreement must be signed by the superintendent of public instruction and the public charter school's governing board. 3. A public charter school may not commence operations without a charter performance agreement executed in accordance with this section and approved in a public meeting. 4. A public charter school governing board or its designee may negotiate with the superintendent of public instruction to amend a charter performance agreement. The superintendent of public instruction's review of the charter performance agreement must be limited to the proposed request for amendments. 5. The charter performance agreement must include: a. Indicators related to student academic proficiency, student academic growth, attendance, recurrent enrollment, readiness for success upon graduation, financial performance, governance performance, and family and community engagement. b. Annual performance targets to support the public charter school's compliance with federal and state requirements. 6. More than one public charter school may be authorized under a charter performance agreement as approved by the superintendent of public instruction, if the public charter schools are separate and distinct from one another.