Current through Register Vol. 30, No. 38, September 20, 2024
A. Before the Board determines a charter
holder is not in compliance with its charter, other contractual agreements with
the Board, federal or state laws, or this Chapter and decides whether to impose
charter oversight, the Board shall provide notice to the charter
holder.
B. The Board shall provide
the charter holder with at least 72-hours' notice of the date, time, and
location of the meeting at which the Board will decide whether to impose
charter oversight. The Board shall include in the notice the purpose of the
meeting and why the Board is considering imposing charter oversight.
C. In determining the appropriate charter
oversight action to take, the Board shall consider the following, as
applicable:
1. Threat to the health or safety
of children;
2. Whether the charter
holder's historical compliance record indicates repeated or multiple breaches
of the provisions of its charter, other contractual agreements with the Board,
federal or state laws, or this Chapter;
3. Whether the charter holder has failed to
meet the minimum academic performance expectations specified under
R7-5-401;
4. Length of time the
issue has been occurring;
5. The
charter holder's compliance with and response to Board investigation by
providing necessary information and documentation within requested time
frames;
6. Whether there has been a
misuse of funds; and
7. Any other
factor that bears on the charter holder's ability and willingness to comply
with its charter, other contractual agreements with the Board, federal and
state laws, and this Chapter.
D. Charter oversight actions available to the Board
include, but are not limited to the following:
1. Imposing a civil penalty, as authorized
under A.R.S. §
15-185
and described under R7-5-604;
2.
Requesting the Department withhold up to 10 percent of a charter holder's
monthly state aid as authorized under A.R.S. §
15-185
and described under R7-5-605 and requiring the charter holder to submit a CAP
as described under R7-5-510;
3.
Entering into a consent agreement with a charter holder as described under
R7-5-606;
4.
Issuing a notice of intent to revoke a charter as authorized under A.R.S.
§
15-183
and described under R7-5-607. and
5. Revoking a charter as authorized under
A.R.S. §
15-183
and described under R7-5-607.
