(1) Except as provided in Subsection (2), the state board shall include all public schools in the state in the school accountability system established under this part.
(2) The state board shall exempt from the school accountability system:
(a) a school in which the number of students tested on a statewide assessment for accountability is lower than the minimum sample size necessary, based on acceptable professional practice for statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h, the prevention of the unlawful release of personally identifiable student data;
(b) if the United States Department of Education approves the state's application for a waiver of federal accountability requirements, a school with an opt out rate on statewide assessments for accountability that exceeds 50%;
(c) a school in the school's first year of operations if the school's local school board or charter school governing board requests the exemption; or
(d) a high school in the school's second year of operations if the school's local school board or charter school governing board requests the exemption.
(3) Notwithstanding the provisions of this part, the state board may use to appropriately assess the educational impact of a school that serves a special student population:
(a) other indicators in addition to the indicators described in Section 53E-5-205 or 53E-5-206; or
(b) different point distribution than the point distribution described in Section 53E-5-207.