Arizona Administrative Code
Title 7 - EDUCATION
Chapter 5 - STATE BOARD FOR CHARTER SCHOOLS
Article 5 - CHARTER SUPERVISION
Section R7-5-507 - Complaints
Universal Citation: AZ Admin Code R 7-5-507
Current through Register Vol. 30, No. 52, December 27, 2024
A. To make a complaint regarding a charter holder, a person shall submit to the Board a document that:
1. Alleges, with specificity
that the charter holder is not in compliance with its charter, other
contractual obligations to the Board, federal or state law, or other legal
requirements;
2. Includes a
statement of the facts on which the allegation or allegations of contractual or
legal noncompliance is or are based; and
3. Includes supporting evidence, if
available.
B. Board staff shall review and process all complaints in accordance with the Board's jurisdiction, its oversight authority, and the procedures set forth herein.
1. Board staff shall determine whether a
complaint is within the Board's jurisdiction. A complaint is within the Board's
jurisdiction if the complaint alleges one or more allegations that the charter
holder is not in compliance with its charter, other contractual obligations
with the Board, state or federal law, or other legal requirements.
a. If Board staff determines that additional
information is needed for a jurisdictional determination, Board staff may,
within 10 days after receiving the complaint, request that information be
submitted to the Board from either the complainant or charter holder, whichever
is appropriate. The information requested shall be submitted to the Board
within 15 days of receiving the Board's request.
b. If Board staff determines any of the
allegations asserted in the complaint are within the Board's jurisdiction,
Board staff shall, within 10 days after receiving the complaint or making a
determination as to jurisdiction pursuant to subsection (1)(a), whichever is
the later, send a copy of the complaint to the charter holder complained
against.
c. If Board staff
determines the complaint is not within the Board's jurisdiction or that it is
more appropriately within the jurisdiction of an agency with legal authority in
the matter, within 10 days after receiving the complaint or making a
determination as to jurisdiction pursuant to subsection (1)(a), whichever is
later, Board staff:
i. Shall notify the
complainant that the Board does not have jurisdiction or that the Board is not
the appropriate agency to address the complaint,
ii. May inform the complainant of the
appropriate agency that may have jurisdiction and legal authority over the
matter,
iii. May inform the
complainant that he or she may file a complaint with the appropriate
agency,
iv. Shall provide the
charter holder with a copy of the complaint, and
v. Shall inform the charter holder and
complainant that the charter holder is not required to file a response with the
Board.
2.
Except as provided in subsection (3), if a complaint is filed that asserts an
allegation that is within the Board's jurisdiction, the charter holder
complained against shall provide the Board with a written response within 15
days after receiving a copy of the complaint pursuant to subsection (1)(b). The
response shall address the allegation or allegations and facts that Board staff
specifies are within the Board's jurisdiction and provide the information
requested by Board staff. The charter holder may address any supporting
evidence included in the complaint and include any relevant evidence in its
response.
a. If the charter holder fails to
submit its response within the timeline stated in subsection (2) and/or
subsection (2)(b), Board staff shall record the charter holder's untimely
response on the charter holder's operational performance dashboard.
b. If the charter holder does not respond
within the timeline stated in subsection (2), Board staff shall send
notification to the charter holder stating the necessity of a timely response
and requiring the charter holder to respond within seven calendar days of
receipt of the notification.
c. If
the charter holder fails to submit its response within the timeline stated in
subsection (2) and/or subsection (2)(b), Board staff may place the charter
holder on the agenda for a subsequent Board meeting for the Board's
determination of whether the charter holder is in compliance with its charter,
other contractual obligations to the Board, state or federal law, or other
legal requirements.
d. If a
complaint identifies or raises an issue that creates a reasonable belief of a
potential threat to the health or safety of a student or a reasonable belief of
harm to a student, Board staff may require the charter holder to respond within
a shortened timeframe. The shortened timeframe shall be approved by the
Executive Director and is within his or her sole discretion.
3. If Board staff determines that
the allegations alleged in the complaint are within the Board's jurisdiction
and do not violate the charter holder's charter, its other contractual
obligations to the Board, federal or state law, or any other legal
requirements, Board staff may deem the complaint unsubstantiated, send a copy
to the charter holder complained against and notify the charter holder that it
is not required to file a response.
a. If the
Board determines that specific, but not all, allegations alleged in a complaint
over which it has jurisdiction do not violate the charter holder's charter, its
other contractual obligation to the Board, federal or state law, or any other
legal requirements, Board staff may deem those specific allegations
unsubstantiated, send a copy to the charter holder complained against and
notify the charter holder that it is not required to file a response to the
specific allegations that have been deemed unsubstantiated.
b. The charter holder is still required to
file a response, pursuant to subsection (2), as to those allegations that the
Board has jurisdiction but for which the Board has not yet determined does not
violate the charter holder's charter, its other contractual obligations to the
Board, federal or state law, or any other legal requirements.
4. Board staff may, for good
cause, grant the charter holder an extension of time to submit its written
response pursuant to subsection (2) or the requested information pursuant to
subsection (1)(a). Charter holders must submit requests for extensions of time
in writing, or in a manner as directed by staff, and include the reason or
reasons for the request. Charter holders shall submit requests for extensions
at least two days prior to the date on which the response is due to the Board.
a. If a charter holder is required to respond
to a complaint within a shortened timeframe pursuant to subsection (2)(d), the
charter holder shall submit a request for extension within a reasonable amount
of time prior to the deadline, with consideration given to the nature of
allegations.
b. If a charter holder
fails to request an extension within the timeframe set forth in subsection (2),
subsection (4), or subsection (4)(a), the charter holder may submit a request
for an exemption from the lack of response being recorded on the charter
holder's dashboard. The Executive Director, within his or her sole discretion,
may grant the request if the charter holder demonstrates that good cause exists
for the delay. If the charter holder is granted an exemption, the Executive
Director shall establish a deadline for the charter holder to submit its
response. A charter holder that fails to submit a response by the deadline set
forth by the Executive Director shall be subject to the provisions set forth in
R7-5-507(B)(2).
5. Board
staff shall review the complaint, the charter holder's response and any other
relevant information gathered or received in connection with the complaint to
determine whether a violation of the charter, other contractual obligations to
the Board, state or federal law, or other legal requirements can be
substantiated. In its review of the complaint, Board staff may take, but is not
limited to, the following actions:
a. Conduct
further investigation, including a site visit, if additional information is
needed;
b. Notwithstanding the
Board's jurisdiction, consult with another agency with expertise related to a
complaint;
c. Place the charter
holder on the agenda for a subsequent Board meeting for the Board's
determination whether the charter holder is in compliance with its charter,
other contractual obligations with the Board, state or federal law, or other
legal requirements. In deciding whether to place the charter holder on the
Board's agenda, the Board's Executive Director, in consultation with the
President of the Board, as appropriate, may consider the seriousness of the
allegations, the information presented by the complainant and the charter
holder, and the charter holder's willingness to resolve any alleged contractual
or legal noncompliance.
d. If Board
staff determines that the matter is more appropriately within the jurisdiction
of an agency with legal authority in the matter and notifies the complainant in
accordance with subsection (1)(c), Board staff:
i. May rely on the determination and action
taken by the agency with legal authority in determining whether to substantiate
the complaint and is not obligated to conduct its own investigation or
determination.
ii. May keep the
complaint open until the appropriate agency has made a determination on the
complaint.
e. If a
complaint identifies or raises an issue that creates a reasonable belief of a
potential threat to the health or safety of a student or a reasonable belief of
harm to a student, Board staff may alert any necessary authorities including
law enforcement, the Department of Child Safety, and/or the Arizona Department
of Education, and may visit the school.
f. If Board staff has reason to believe it is
more likely than not that the charter holder may have violated the law, the
Executive Director may provide the complaint to the Office of the Arizona
Attorney General for further investigation, as appropriate.
6. A claim is substantiated when,
based on the documentation received by the Board, it is more likely than not
that a violation of the charter, other contractual obligations to the Board,
state or federal law, or other legal requirements has occurred. If the
complaint is deemed substantiated by Board staff or by another agency, Board
staff shall mark the complaint substantiated, make it publicly available, and
record the contractual or legal noncompliance issue on the charter holder's
operational performance dashboard under the appropriate measure.
7. The Board considers a complaint "closed"
when:
a. Board staff has deemed the complaint
as substantiated, the charter holder has had an opportunity to respond, and the
charter holder has documented that it has made a good faith effort to address
the concern;
b. Board staff has
deemed the complaint unsubstantiated;
c. According to subsection (1)(a) the
complainant did not provide a response to Board staff's request for additional
information within 15 days of the complainant's receipt of the request;
or
d. The Board has made a final
determination as to the complaint.
8. If, at a later date, the complainant or
charter holder has additional information to provide to a closed complaint,
Board staff shall accept the information and conduct a review. The additional
information will be processed in accordance with the existing complaint
process.
9. Once a complaint is
closed, Board staff shall send the complainant and charter holder notice of the
final action taken.
10. After the
complaint has been reviewed and closed, the complaint, response and all related
documents are retained in accordance with the Board's retention policy and are
subject to public records law.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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