Current through Register Vol. 49, No. 9, September, 2024
1.00
Regulatory Authority
1.01 These rules and regulations shall be
known as the Arkansas Department of Education Rules and Regulations Governing
Public Charter Schools.
1.02 The
State Board of Education enacted these rules and regulations pursuant to its
authority under Ark. Code Ann. §
6-11-105,
25-15-201 et seq.,
6-23-101 et seq., and Act 736 of
2007.
2.00
Purpose
of Regulations
2.01 The purposes of
these rules and regulations are to implement Ark. Code Ann. §
6-23-101, et seq. and to establish
the requirements and procedures for the application of a public charter school,
for monitoring a school once it has been granted a charter by the State Board
of Education (State Board), for renewal, modification, and revocation of a
charter granted by the State Board of Education, and for disbursing funds to a
public charter school.
3.00
Definitions
For the purpose of these rules and regulations:
3.01 "Debt" is defined as a financial
obligation incurred by a public charter school, which is due in more than 365
days.
3.02 "Average daily
membership (ADM)" is defined as the total number of days attended plus the
total number of days absent by students during the first three (3) quarters of
each school year, divided by the number of school days actually taught in the
school during that period of time.
3.03 "Local School Board" means a board of
directors exercising the control and management of a public school district. In
addition, for the purposes of these regulations, a local school board refers to
the board of directors of the school district where the public charter school
will be physically located.
3.04
"Public school district in which enrollment is likely to be affected" is
defined as the school districts in the geographical area surrounding the
proposed open-enrollment public charter school from which students are likely
to be drawn across district lines for enrollment in the public charter
school.
3.05 "Application" is
defined as the proposal for obtaining conversion public charter school status,
open-enrollment public charter school status, or limited public charter school
status presented to the State Board of Education requesting to enter into a
charter that describes the school and provides all of the information required
by law and the Arkansas Department of Education, in the form prescribed by the
Charter School Office. The term application shall be synonymous with the term
petition, and the terms are interchangeable throughout these rules. The
application, in addition to any conditions or requirements agreed upon by the
State Board, will serve as the terms and conditions of the charter.
3.06 "Letter of Intent" is defined as a
written notice submitted to the Department of Education Charter School Office
that a public school district or an eligible entity intends to file a charter
school application. Such letter of intent shall be submitted on forms provided
by the Department of Education by the established deadline.
3.07 "Eligible entity" is defined as a public
or private, nonsectarian institution of higher education, governmental entity,
or organization, which has applied for tax exempt status under §
501(c)(3) of the Internal
Revenue Code at the time of application for the open-enrollment charter. The
eligible entity must have status as a tax-exempt organization under §
501(c)(3) of the Internal
Revenue Code of 1986 prior to the first day of its operation with
students.
3.08 "Charter" is defined
as a performance-based contract between the State Board of Education and an
approved applicant for public charter school status which exempts the public
charter school from specified state and local rules, regulations, policies, and
procedures for an initial five-year (5) period and which operates under the
specific terms of a charter granted by the State Board of Education.
3.09 "Public charter school" is defined as a
conversion public charter school, or an open-enrollment public charter
school.
3.10 "Open-enrollment
public charter school" is defined as a public school that is operating under
the terms of a charter granted by the State Board of Education on the
application of an eligible entity and may draw its students from any public
school district in this state.
3.11
"Conversion public charter school" is defined as an existing public school
which has converted to a school under the terms of a charter approved by the
local school board and the State Board of Education.
3.12 "Founding member" is defined as any
individual who is either a member or an employee of the eligible entity
applying for the initial charter for an open-enrollment public charter school
or a member of the initial governing non-advisory board of the open-enrollment
public charter school.
3.13
"Parent" is defined as any parent, legal guardian, or other person having
custody or charge of a school-age child.
3.14 "Public school" is defined as a school
that is part of a public school district under the control and management of a
local school board.
3.15 "License"
is that authority granted by the State Board of Education to an already
existing open-enrollment public charter sponsoring entity for the purpose of
establishing another open-enrollment public charter school with a limit of only
one charter license to be approved for each additional open-enrollment public
charter school to be established under an already existing open-enrollment
charter provided the applicant for a charter license meets the following
minimum conditions:
(1) open-enrollment
public school charter from the State Board of Education, and
(2) meets the requirements of Section 10.05.1
of these Rules.
4.00
Observance of Anti-Discrimination
Laws
4.01 All public charter schools
shall observe and comply with all anti-discrimination laws, both federal and
state.
4.02 For the purposes of the
Individuals with Disabilities Education Act (IDEA) and these rules and
regulations, all public charter schools are responsible for ensuring that the
requirements of IDEA are met.
4.03
For the purposes of Section 504 of the Rehabilitation Act and these rules and
regulations, all public charter schools are responsible for ensuring that the
requirements of Section 504 are met.
5.00
Application Process, Schedule,
Forms and Technical Assistance
5.01 A
procedure for establishing a public charter school shall be published by the
Department of Education at least thirty (30) days prior to the hearing of a
charter school application or license request or issue, as approved by the
State Board of Education. If all dates and requirements in the procedures for
establishing a public charter school are not strictly followed, the State Board
may refuse to consider the application for a charter.
5.02 Application forms and other documents
needed for the public charter school application process shall be provided by
the Department of Education Charter School Office and are attached as "Appendix
A" to these Rules and incorporated into these Rules as if fully set forth
herein.
5.03 Any requests for
technical assistance by a charter applicant shall be made to the Department of
Education Charter School Office.
5.04 A public school district is not eligible
to apply for an open-enrollment public charter.
6.00
Conversion Public Charter School
- Application Approval Procedures
6.01
Each conversion public charter applicant must submit to the Department of
Education Charter School Office a letter of intent signed by the school board
president sent by certified mail and received by the Department on or before
the established deadline.
6.02 Each
charter applicant shall prepare an application that describes the elements of
the applicant's plan for establishing a conversion public charter school. The
application shall be on a form provided by the Department of Education. If
requested, the Department of Education Charter School Office shall give
technical assistance in preparing the application.
6.03 A public school application for a
conversion public charter school may include, but shall not be limited to, the
following purposes:
6.03.01 Adopting
research-based school or instructional designs, or both, that focus on
improving student and school performance;
6.03.02 Addressing school improvement status
resulting from sanctions listed in Ark. Code Ann. §§
6-15-207(c)(8) and
6-15-429(a) and
(b); or
6.04.03 Partnering with other districts or
schools to address students' needs in a geographical location or multiple
locations.
7.00
Responsibilities of the State
Board of Education - Conversion Public Charter Schools
7.01 The State Board shall not approve a
conversion public charter school application from a district that has not been
approved by the district's local board.
7.02 The Department of Education shall review
the applications and present to the State Board a written evaluation of the
application. A copy of the evaluation shall be sent to the applicant. The
applicant will be allowed to submit a written response to the evaluation by an
established deadline. The applicant will not be allowed to supplement the
original application with additional documents or new information prior to the
State Board review.
7.03 The State
Board shall review the applications for proposed public charter schools. The
State Board shall vote whether or not to award charters. The State Board may
place conditions on the charters it awards.
7.04 The State Board of Education may defer
the vote to approve or disapprove a charter application in order to allow a
charter applicant to make modifications or receive technical assistance to
correct deficiencies in the application.
7.05 The decision of the State Board of
Education shall be final.
8.00
Open-Enrollment Public Charter
School - Application Approval Procedures
8.01 Each open-enrollment public charter
applicant must submit to the Department of Education Charter School Office a
letter of intent sent by certified mail and received by the Department on or
before the established deadline. A copy of the letter of intent shall also be
sent by certified mail to each member of the local board of the public school
district where the proposed public charter school will be located as well as
the local school boards of public school districts in which enrollment is
likely to be affected. The letter to each board member shall only be required
for each school board member whose name and mailing address is provided by the
superintendent of an affected school district or the Department upon request of
the applicant.
8.02 Each charter
applicant shall prepare an application that describes the elements of the
applicant's plan for establishing a public charter school. The application
shall be on a form provided by the Department of Education. If requested, the
Department of Education Charter School Office shall give technical assistance
in preparing the application.
8.03
The application shall be received by the established deadline to the local
board of the public school district where the proposed public charter school
will be located and received by the Department on or before the established
deadline. The applicant shall send the application by certified mail to the
Superintendent of the local district. The applicant shall provide the
Department of Education with verification that the required notice was sent to
the local board. A copy of this same application shall be sent to the
Department of Education.
8.04 Each
open-enrollment public charter applicant shall send a copy of the application
to all public school districts in which enrollment is likely to be affected by
the public charter school by the established deadline. The application shall be
sent by certified mail to the local school board(s) in care of the
Superintendent(s) by the established deadline. Documentation shall be provided
to the Department of Education, in the form of copies of certified mail
receipts that the applications were sent.
8.05 The board of the public school districts
in which enrollment is likely to be affected by the proposed public charter
school may review the open-enrollment public charter school application and
submit any written findings or statements of the board, signed by the board
president, to the Department of Education Charter School Office by an
established deadline. The school board shall send a copy of the written
findings or statements to the applicant by certified mail. Failure to submit
this information will constitute the conclusion that the proposed public
charter school will have no impact on the district.
8.06 The local board of the district where
the proposed public charter school is to be located shall review the
open-enrollment public charter school application. The local board shall vote
to approve or disapprove the application and prepare written findings. The
results of the vote and the written findings shall be sent by certified mail to
the Department of Education Charter School Office and to the public charter
school applicant by an established deadline. An affected school district may
submit written comments concerning the application to the State Board to be
considered at the time of the State Board's review of the application by a
deadline to be established by the State Board.
8.07 The applicant for an open-enrollment
public charter school whose application is disapproved by the local board shall
have the immediate right to proceed with a written notice of appeal to the
State Board of Education. To exercise the right to appeal, the applicant must
send written notice of appeal to the State Board within ten (10) calendar days
after receiving notice of the local board's disapproval of the application for
an open-enrollment public charter school. The notice of appeal shall be sent by
certified mail to the State Board of Education and to the local board of the
district where the proposed public charter school is to be
located.
9.00
Responsibilities of the State Board of Education - Open-Enrollment Public
Charter Schools
9.01 The Department of
Education shall review the applications and present to the State Board a
written evaluation of the application. It is recommended that the evaluation
form attached to these Rules as "Appendix C" and incorporated into these Rules
as if fully set forth herein is to be used by the Department in evaluating
applications. A copy of the evaluation shall be sent to the applicant. The
applicant will be allowed to submit a written response to the evaluation by an
established deadline. The applicant will not be allowed to supplement the
original application with additional documents or new information prior to the
State Board review. The State Board of Education may request the Department of
Education to contract with outside agencies to provide services concerning the
review and evaluation of charter applications.
9.02 In the event an application is denied by
the local board, the State Board shall hold a hearing within forty-five (45)
calendar days after receipt of the notice of appeal at a location where all
interested parties may appear and present relevant information regarding the
proposed open-enrollment public charter school.
9.02.01 The charter applicant shall have a
period of time to be set at the discretion of the State Board as required by
Section 5.01 of these Rules to present its arguments to the State Board for
approval of the proposed public charter school. The local school board and
boards of districts likely to be affected by the proposed public charter school
shall have a combined period of time, to be set at the discretion of the State
Board, to present the arguments for disapproval of the proposed public charter
school to the State Board. The charter applicant shall then have a period of
time, to be set at the discretion of the State Board, to respond to the
arguments of the local school board and boards of district's likely to be
affected by the proposed charter school. The State Board shall follow the
presentations with discussion of the charter application and possible questions
to the public school board representative(s) and/or the charter
applicant.
9.03 The
State Board shall review the applications for proposed public charter schools
and utilize the same procedures set forth in Section 9.02.01 of these Rules.
The Board shall vote whether or not to award charters to locally approved
applications. The State Board may place conditions on the charters it
awards.
9.04 The State Board of
Education may defer the vote to approve or disapprove a charter application in
order to allow a charter applicant to make modifications or to receive
technical assistance to correct deficiencies in the application.
9.05 The decision of the State Board shall be
final.
10.00
Content of Application and Charter
10.01 The public charter school application
shall include, but is not limited to the following:
10.01.01 educational mission;
10.01.02 educational need;
10.01.03 description of public hearing
results;
10.01.04 description of
educational plan, which clearly addresses how the public charter school will
improve student learning and academic achievement and meet or exceed state
goals;
10.01.05 description of
governance and organizational structure;
10.01.06 (for open-enrollment public charter
schools only) description of facilities to be used, location of the proposed
school, and the present use of the facility and the use for the past three (3)
years; and a statement of the current permissible uses from the local zoning
authority;
10.01.07 copies of
annual budget and financial plan (including all sources of funding);
10.01.08 establishes the entity (if it is an
organization) has applied for tax exempt status under §
501(c)(3) of the Internal
Revenue Code of 1986;
10.01.09
agreement to provide annual report of progress toward meeting performance goals
to parents, community, local board and state board;
10.01.10 description of admission
procedure;
10.01.11 description of
support services;
10.01.12
identification of regulations, if any, to be waived, with rationale for waiver
request;
10.01.13 school calendar
and school day schedule; and
10.01.14 description of age or grade range of
pupils to be enrolled.
10.02 In addition to the requirements
identified in Section 10.01 of these Rules, an application for an
open-enrollment public charter school shall include, but is not limited to, the
following:
10.02.01 specification of period
for which the charter or any charter renewal is valid, contingent upon
acceptable student performance levels established within the state
accountability system;
10.02.02
prohibition of discrimination in admission on the basis of gender, national
origin, race, ethnicity, religion, disability, academic or athletic
eligibility, although the charter may provide for the exclusion of a student
who has been expelled from another public school district;
10.02.03 specification of the qualifications
to be met by professional employees of the program;
10.02.04 description of budget
process;
10.02.05 description of
annual audit of financial and programmatic operations, including how the
charter school will provide information needed by the public school district in
which the charter school is located;
10.02.06 description of facilities to be used
and its location including the terms of the facility utilization agreement if
the facility for the public charter school is owned or leased from a sectarian
organization. All lease agreements by applicants for school facilities shall
utilize the Lease Agreement Form attached to these Rules as "Appendix B" and
incorporated into these Rules as if fully set forth herein;
10.02.07 description of geographical area,
school district or school attendance area to be served by the
program;
10.02.08 description of
admission and enrollment criteria and student recruitment and selection
processes, including provision for a random, anonymous student selection method
if more eligible students apply for a first-time admission than the public
charter school is able to accept; and
10.02.09 a statement that the eligible entity
will not discriminate on the basis of race, sex, national origin, ethnicity,
religion, age, or disability in employment decisions including hiring and
retention of administrators, teachers, and other employees.
10.03 Preference for Approval of
Open-Enrollment Public Charter Schools
The State Board shall give preference in approving an
application for an open-enrollment public charter school to be located in any
public school district:
10.03.1 Where
the percentage of students who qualify for free or reduced price lunches is
above the average for the state;
10.03.2 Where the district has been
classified by the State Board as in academic distress under Ark. Code Ann.
§
6-15-428; or
10.03.3 Where the district has been
classified by the Department of Education as in some phase of school
improvement under Ark. Code Ann.§
6-15-426 or some phase of fiscal
distress under §
6-20-1902 et seq., if the fiscal
distress status is a result of administrative fiscal mismanagement, as
determined by the State Board.
10.04 The State Board may grant no more than
a total twenty-four (24) charters for open-enrollment public charter schools. A
charter applicant's school campus shall be limited to a single open-enrollment
public charter school per charter except as allowed in Section 10.05 of these
Rules.
10.04.1 An open-enrollment public
charter school shall not open in the service area of a public school district
administratively reorganized pursuant to the provisions of §
6-13-1601 et seq. until after the
third year of the administrative reorganization.
10.05 In accordance with Ark. Code Ann.
§
6-23-304, the Knowledge Is Power
Program instructional program is recognized as an effective method for meeting
the statutory purpose and intent of Ark. Code Ann. §
6-23-101 et seq., closing the
achievement gap in public schools for economically disadvantaged, racial and
ethnic subgroups, Ark. Code Ann. §
6-15-401 et seq. and Ark. Code Ann.
§
6-15-1601 et seq., and otherwise
providing an alternative, proven, adequate and equitable education to Arkansas
students.
10.05.1 Any charter applicant that
receives an approved open-enrollment public charter under Section 10.04 of
these rules may petition the State Board at any time for a charter school to be
opened no earlier than July 1 of the following school year for additional
licenses to establish an open-enrollment public charter school in any of the
various congressional districts in Arkansas provided that the applicant meets
the following conditions, subject to the normal application, review, and
approval process of the state board, with the exception that the license
request does not have to be initially sent to the local board for its
consideration:
10.05.1.1 The approved
open-enrollment public charter applicant has demonstrated success in student
achievement gains, as defined by the state board; and
10.05.1.2 The approved open-enrollment public
charter applicant has not been subject to any disciplinary action by the State
Board; has not been classified as in school improvement, academic or fiscal
distress; and has not had its open-enrollment public charter placed on
probation, suspended or revoked; and
10.05.1.3 The State Board of Education
determines in writing by majority of a quorum of the State Board present that
the open-enrollment public charter applicant has generally established the
educational program results and criteria set forth in Section 10.05.1 of these
rules.
10.05.2 The State
Board shall consider any such license petition within ninety (90) business days
after it receives the petition, utilizing the same procedures set forth in
Section 9.02.01 of these Rules.
11.00
Enrollment
11.01 Enrollment for an existing public
school converted to a public charter school will be determined in the manner
similar to the enrollment procedures for the school district in which the
public charter school is located or similar to the enrollment procedures for
district magnet schools.
11.02 If
more eligible students apply for admission than the public charter school is
able to accept, then the public charter school shall create an enrollment
process based upon a random anonymous student selection method.
11.03 While a public charter school may
operate on a traditional calendar or a year-long calendar, all public charter
schools shall begin the school year in the fall.
11.04 Enrollment projections for
open-enrollment public charter schools must be based on documentation as of
July 1 of the school year.
11.05 An
open-enrollment public charter school may allow a preference for children of
the founding members of the eligible entity. The number of enrollment
preferences granted to the children of founding members shall not exceed ten
percent (10%) of the total number of students enrolled in the open-enrollment
public charter school and siblings of students currently enrolled in the
school.
11.06 A public charter
school may allow the use of a weighted lottery in the student selection process
when necessary to comply with Title VI of the federal Civil Rights Act of 1964,
Title IX of the federal Education Amendments of 1972, the equal protection
clause of the Fourteenth Amendment to the United States Constitution, a court
order, or a federal or state law requiring desegregation, as permitted by the
Charter Schools Program, Title V, Part B, Non-Regulatory Guidance of the United
States of the Department of Education, July, 2004.
12.00
Funding
12.01 Funding for Public Charter Schools
12.01.01 An existing public school converted
to a public charter school shall receive funds equal to the amount apportioned
by the district from state and local revenue per average daily
membership.
12.01.02 An
open-enrollment public charter school shall receive funds equal to the amount
that a public school would receive under
6-20-2305(a) and
(b) as well as any other funding that the
public charter school is entitled to receive under law.
12.01.03 The initial funding estimate for an
open-enrollment public charter school shall be based upon the enrollment as of
July 30.
12.02 The
Department of Education shall establish procedures to ensure that every public
charter school receives the Federal funds for which the public charter school
is eligible.
12.02.01 The Department of
Education shall take such measures as necessary to ensure that a public charter
school receives the federal funds for which the school is eligible not later
than five (5) months after the public charter school first opens,
notwithstanding the fact that the identity and characteristics of the students
enrolling in the public charter school are not fully and completely determined
until that public charter school actually opens.
12.02.02 The measures shall also ensure that
every public charter school expanding its enrollment in any subsequent year of
operation receives the federal funding for which the public charter school is
eligible not later than five (5) months after such
expansion.
12.03 The
submission to an annual certified audit as required by Ark. Code Ann. §
6-23-101 et seq., shall be made
according to Arkansas Law and to the Department of Education fiscal regulations
and time lines. Failure to submit such audit in a timely manner shall result in
suspension of state aid payments until such audit is received by the Department
of Education. The school's fiscal year shall run from July 1 through June
30.
12.04 All open-enrollment
public charter schools operated by an organization exempt from taxation under
Section 501(c)(3) of the Internal
Revenue Code are subject to the same auditing and accounting requirements as
any other public school district in the state.
12.05 An open-enrollment public charter
school shall not use the moneys that it receives from the state for any
sectarian program or activity or as collateral for debt. However,
open-enrollment public charter schools may enter into lease-purchase agreements
for school buildings built by private entities with facilities bonds exempt
from federal taxes under 26 USCS 142(a) as allowed by §
6-20-402. No indebtedness of an
open-enrollment public charter school shall ever become a debt of the state of
Arkansas.
13.00
Evaluation, Monitoring and Reporting Requirements of Public Charter
Schools
13.01 The Arkansas Department
of Education shall conduct an annual evaluation of all public charter schools,
which shall include, but not be limited to, consideration of the following:
13.01.01 student scores under the statewide
assessment program described in §
6-15-433;
13.01.02 student attendance;
13.01.03 student grades;
13.01.04 student discipline
incidents
13.01.05 socioeconomic
data on students' families;
13.01.06 parent satisfaction with the
school;
13.01.07 student
satisfaction with the schools;
13.01.08 on-site monitoring of the facility;
and
13.01.09 other terms of the
school's charter.
13.02
The State Board of Education may require the charter holder to appear before
the State Board to discuss the results of the evaluation and to present further
information to the State Board as the Department or State Board deems
necessary.
13.03 As a condition of
its charter, each public charter school is required to provide an annual report
to parents, the community and the State Board that details its progress in
meeting its academic performance objectives.
13.04 Each public charter school shall
participate in the Arkansas Public School Computer Network reporting
requirements.
13.05 Each public
charter school shall provide to the Department of Education the same data
required of other public schools, unless such data requirement is waived by the
terms of the charter.
14.00
Basis and Procedure for Public
Charter Modification, or Charter School Probation, Revocation, or Denial of
Renewal.
14.01 The State Board may
modify the charter of a public charter school or it may place a public charter
school on probation or revoke its charter or deny renewal of its charter at any
time the State Board deems it necessary.
14.02 The State Board shall notify the chief
operating officer of the public charter school of the alleged violation of the
school's charter or of the offense in question. The notice shall include the
State Board's proposed action. The notice shall be delivered by certified mail
to the chief operating officer of the public charter school.
14.03 The chief operating officer of the
public charter school, on behalf of the charter school, may request, in
writing, a hearing before the State Board.
14.04 The State Board shall hold a hearing,
if requested, within forty-five (45) calendar days of receipt of the hearing
request.
14.05 The hearing shall be
held at the location of the regular or special meeting of the State Board of
Education.
14.05.01 Notice of the hearing
shall be provided to the superintendent and the president of the local school
board of the school district where the conversion public charter school is
located or to the chief operating officer of the open-enrollment public charter
school.
14.05.02 The hearing shall
be open to the public.
14.06 The decision of the State Board shall
be final.
15.00
Impact on Desegregation Efforts
15.01
The applicant petitioners for each application for a proposed public charter
school must include a written evaluation describing the potential impact on the
efforts of a public school district or districts to comply with court orders
and statutory obligations to create and maintain a unitary system of
desegregated public schools.
15.02
The local board shall also prepare a written evaluation of the potential impact
the proposed public charter school will have on the efforts of the public
school district or districts to comply with court orders and statutory
obligations to create and maintain a unitary system of desegregated public
schools. This evaluation shall be forwarded to the State Board.
15.03 Technical assistance in this review may
be provided by the Department of Education's section on Accountability and its
unit on Desegregation Monitoring.
15.04 The State Board of Education shall not
approve any public charter school which hampers, delays, or in any manner
negatively affects the desegregation efforts of a public school district or
districts in this state.
16.00
Renewal of Charters
16.01 Each open-enrollment public charter
schools and conversion public charter school must apply for renewal of its
charter prior to expiration on a form prescribed by the Charter School Office,
by a deadline set by the Charter School Office.
16.02 A charter may be renewed by the State
Board of Education for up to a five (5) year period. The State Board may decide
not to renew a charter or to renew a charter for a period less than five
years.
17.00
Assets of School as Property of State
17.01 Any holder of a charter for an
open-enrollment public charter school must give the Department at least thirty
(30) business days' notice of its intent to cease operation as an
open-enrollment public charter school to allow the charter holder and the
Department sufficient time to accomplish those items necessary and required to
close the charter school.
17.02
Upon dissolution of an open-enrollment public charter school or upon nonrenewal
or revocation of the charter, all net assets of the open-enrollment public
charter school, including any interest or real property, purchased with public
funds shall be deemed the property of the state, unless otherwise specified in
the charter of an open-enrollment charter school.
17.03 If the open-enrollment public charter
school used state funds to purchase or finance personal property, real
property, or fixtures for use by the open-enrollment public charter school, the
State Board of Education may require that the property be sold.
17.04 The state has a perfected priority
security interest in the net proceeds from the sale or liquidation of the
property to the extent of the public funds used in the purchase. The
open-enrollment public charter school will assume sole responsibility of all
expenditures at the close of the school.