Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.09-004 - ADE 126: Rules Governing Limited Public Charter Schools
Universal Citation: AR Admin Rules 005.15.09-004
Current through Register Vol. 49, No. 9, September, 2024
1.00 Regulatory Authority
1.01 These rules
shall be known as the Arkansas Department of Education Rules Governing Limited
Public Charter Schools.
1.02 The
State Board of Education enacted these rules pursuant to its authority under
Arkansas Code Annotated §§
6-11-105,
6-23-206, and
6-23-201 et
seq.
2.00 Purpose of Regulations
2.01 The purposes of
these rules are to implement §
6-23-601, and to establish the
requirements and procedures for the application of a limited public charter
school and for monitoring a school once it has been granted a limited charter
by the State Board of Education.
3.00 Definitions
For the purpose of these rules:
3.01 "Limited Public Charter School" is
defined as a public school operating under the terms of a charter approved by
the State Board of Education for the purposes of implementing an alternative
comprehensive staffing and compensation program designed to enhance student and
teacher performance and improve employee salaries, opportunities, and
incentives.
3.02 "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.
3.03 "Letter of Intent" is defined as a
written notice submitted to the Department of Education Charter School Office
that a public school district intends to file a limited public charter school
application. Such letter of intent shall be submitted on forms provided by the
Department of Education.
4.00 Observance of Anti-Discrimination Laws
4.01 All limited 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, all limited
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, all limited 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 limited
public charter school shall be published by the Department of Education, as
approved by the State Board of Education. All dates and requirements in the
procedures for establishing a limited public charter school shall be strictly
followed by the charter applicant.
5.02 Application forms and other documents
needed for the limited public charter school application process shall be
provided by the Department of Education.
5.03 Any requests for technical assistance by
a charter applicant shall be made to the Department of Education Charter School
Office.
6.00 Limited Public Charter School - Application Approval Procedures
6.01 Each limited public charter applicant
must submit, by certified mail on or before the established deadline, to the
Department of Education Charter School Office a letter of intent signed by the
school board president.
6.02 Each
limited charter applicant shall prepare an application that describes the
elements of the applicant's plan for establishing a limited public charter
school. The application shall be on a form provided by the Department of
Education. Technical assistance in preparing the application may be requested
from the Department of Education Charter School Office.
6.03 The application shall be reviewed by the
local board of the public school district as a regular agenda item at their
local board meeting. The local board shall vote to approve or disapprove the
application. If approved, the local board shall forward the application with
sufficient written proof of the local boards' approval of the application to
the State Board of Education.
7.00 Responsibilities of the State Board of Education - Limited Public Charter Schools
7.01 The State Board shall not approve a
limited public charter school application that has not been approved by the
district's local board.
7.02 The
Department of Education shall review the application 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 limited public charter schools. The State Board shall
vote whether or not to award charters to approved applications. 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 limited charter application in order to
allow a limited 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 Content of Application and Charter
8.01 The limited public
charter school application shall include, but is not limited to the following:
8.01.01 identification of the rules and the
provisions of Title 6 of the Arkansas Code, if any, to be waived, with
rationale for waiver request as allowed by Arkansas Code Annotated §
6-23-601(b)
(1);
8.01.02 description of a plan for school
improvement that addresses how the school will improve student learning and
meet the state education goals;
8.01.03 description of how the certified
employees at the limited public charter school will be involved developing and
implementing the school improvement plan and in identifying performance
criteria; and
8.01.04 description
of the performance criteria that will be used during the initial period of the
charter to measure the progress of the limited public charter school in
improving student learning and meeting or exceeding the state education
goals.
8.02 In addition
to the requirements identified in section 8.01, an application for a limited
public charter school shall include, but is not limited to, the following:
8.02.01 description of admission, enrollment
criteria and student selection processes, including a provision for a random,
anonymous student selection method if more eligible students apply for a
first-time admission than the limited public charter school is able to accept,
except as allowed for in Arkansas Code Annotated §
6-23-306;
8.02.02 a statement that the school district
will not discriminate 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;
8.02.03 A limited public charter school
located in a school district under court ordered desegregation may use a
weighted lottery in the student selection process in accordance with Arkansas
Code Annotated §
6-23-306; and
8.02.04 a statement that the school district
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.
9.00 Enrollment
9.01 Enrollment for a
limited public charter school will be determined in the manner similar to the
enrollment procedures for the school district in which the limited public
charter school is located.
9.02 If
more eligible students apply for admission than the limited public charter
school is able to accept, then the limited public charter school shall create
an enrollment process based upon a random anonymous student selection method,
except as allowed for in Arkansas Code Annotated §
6-23-306.
10.00 Funding
10.01 A limited public charter school shall
receive funds equal to the amount apportioned by the district from state and
local revenue per average daily membership.
10.02 The Department of Education shall
establish procedures to ensure that every limited public charter school
receives the Federal funds for which the limited public charter school is
eligible.
10.03 The submission of
an annual certified audit as required by Arkansas Code Annotated §
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 would 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.
11.00 Evaluation, Monitoring and Reporting Requirements of Limited Public Charter Schools
11.01 The Arkansas Department
of Education shall conduct an annual evaluation of all limited public charter
schools, which shall include, but not be limited to, consideration of the
following:
11.01.01 student scores on
assessment instruments; and
11.01.02 other terms of the school's
charter.
11.02 As a
condition of its charter, each limited 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.
11.03 Each limited public charter school will
participate in the Arkansas Public School Computer Network reporting
requirements.
11.04 Each limited
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.
12.00 Basis and Procedure for Charter Modification, or Limited Public Charter School Probation, Revocation, or Denial of Renewal.
12.01 The State Board may
modify the charter of a limited public charter school or it may place a limited
public charter school on probation or revoke its charter or deny renewal of its
charter at any time the Board deems it necessary to do so.
12.02 The State Board shall notify the
superintendent of the sponsoring school district 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 superintendent of the school district where the limited public
charter school is located.
12.03
The superintendent of the school district where the limited public charter
school is located, on behalf of the limited public charter school, may request,
in writing, a hearing before the State Board.
12.04 The State Board shall hold a hearing,
if requested, within forty-five (45) calendar days of receipt of the hearing
request.
12.05 The hearing shall be
held at the facility at which the limited public charter school is located.
12.05.01 Notice of the hearing shall be
provided to the superintendent and the president of the local school board of
the school district where the limited public charter school is
located.
12.05.02 The hearing shall
be open to the public.
12.06 The decision of the State Board shall
be final.
13.00 Impact on Desegregation Efforts
13.01
The petitioners of each application for a proposed limited 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.
13.02
The local board shall also prepare a written evaluation of the potential impact
the proposed limited public charter school will have on the efforts of the
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.
13.03 Each application for a proposed limited
public charter school shall be examined for its effect on the minority and
majority percentages of student enrollment in the public school districts
within the limited public charter school's proposed population
outreach.
Disclaimer: These regulations may not be the most recent version. Arkansas 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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