§ 16-77-4.2 - Establishing a charter public school at a newly created school.
SECTION 16-77-4.2
§ 16-77-4.2 Establishing a charter publicschool at a newly created school. To demonstrate parental support for the proposed charter public school, thecharter must receive the affirmative support of parents or legal guardiansrepresenting a number of students equal to at least one-half (1/2) of thenumber of students who would be needed to attend the proposed charter publicschool. The parents or guardians must state their desire to have their childrentransfer to the charter public school, once established, and to be educatedunder the terms of the charter. The charter may then be presented by thecommissioner of elementary and secondary education to the board of regents forelementary and secondary education for its approval. The charter shall setforth those provisions of state statute, regulation, school district rule whichwill not be applicable to that charter public school. By approval of thecharter upon the recommendation of the commissioner of elementary and secondaryeducation, the board of regents will be deemed to have authorized all necessaryvariances from law and regulation enumerated in the charter. Should the needfor relief from the operation of additional provisions of law, regulations, orschool district rule become apparent subsequent to implementation of thecharter, a variance may be obtained by an affirmative vote of two-thirds (2/3)of the teachers then employed by the school and by an affirmative vote of theboard of regents upon a recommendation of the commissioner of elementary andsecondary education.