Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.13-003 - Rules Governing Public Charter Schools
Universal Citation: AR Admin Rules 005.15.13-003
Current through Register Vol. 49, No. 9, September, 2024
1.00 REGULATORY AUTHORITY AND PURPOSE
1.01 These rules shall be
known as the Arkansas Department of Education Rules Governing Public Charter
Schools.
1.02 The State Board of
Education enacted these rules pursuant to its authority as set forth in Ark.
Code Ann. §§
6-11-105,
6-23-101 et seq.,
25-15-201 et seq., and Act 509 of
2013.
2.00 LEGISLATIVE AND REGULATORY INTENT
2.01
It is the intent of the Arkansas General Assembly, and of these rules, to
provide opportunities for teachers, parents, pupils, and community members to
establish and maintain public schools that operate independently from the
existing structure of local school districts as a method to accomplish the
following:
2.01.1 Improve student
learning;
2.01.2 Increase learning
opportunities for all students, with special emphasis on expanding learning
experiences for students who are identified as low-achieving;
2.01.3 Encourage the use of different and
innovative teaching methods;
2.01.4
Create new professional opportunities for teachers, including the opportunity
to be responsible for the learning program at the school site;
2.01.5 Provide parents and pupils with
expanded choices in the types of educational opportunities that are available
within the public school system; and
2.01.6 Hold the schools established under
this chapter accountable for meeting measurable student achievement standards.
Source: Ark. Code Ann. § 6-23-102
3.00 DEFINITIONS
3.01 "Academic
Eligibility" means qualified for selection or admission based upon academic
performance.
3.02 "Affected School
District" means each public school district from which an open-enrollment
public charter school is expected to draw students for the purposes of
enrollment; the public school district in which the open-enrollment public
charter school will be located; and each public school district that is
contiguous to the public school district in which the open-enrollment public
charter school will be located.
3.03 "Athletic Eligibility" means qualified
for selection or admission based upon athletic performance or upon athletic
eligibility requirements set forth by the Arkansas Activities
Association.
3.04 "Application"
means the proposal by a public school district or eligible entity for obtaining
conversion public charter school status, open-enrollment public charter school
status, or limited public charter school status. Source: Ark. Code Ann.
§
6-23-103(1)
3.05 "Authorizer" means
an entity that authorizes a charter, which may be either the:
3.05.1 Department of Education; or
3.05.2 State Board of Education acting under
Ark. Code Ann. §
6-23-703 and Section 10.0 of these
rules. Source: Act 509 of 2013
3.06 "Average daily membership" means the
total number of days of school attended plus the total number of days absent by
students in kindergarten through grade twelve (K-12) during the first three (3)
quarters of each school year divided by the number of school days actually
taught in the school district during that period of time rounded up to the
nearest hundredth. Open-enrollment public charter school students who are
enrolled in a curriculum that fulfills the requirements established by the
State Board of Education under the Standards for Accreditation of Arkansas
Public Schools and School Districts may be counted for average daily
membership. Source: Current rule as modified by Ark. Code Ann. §
6-20-2303(3).
3.07 "Charter," or "charter contract" means a
performance-based contract for an initial five-year period between the
authorizer and an approved applicant for public charter school status that
exempts the public charter school from state and local rules, regulations,
policies, and procedures specified in the contract and from the provisions of
Title 6 of the Arkansas Code specified in the contract. Source: Ark.
Code Ann. §
6-23-103(2).
The initial charter or charter contract may be renewed as set forth in
these rules. For the purposes of these rules, the initial five-year period of a
charter begins to run on the July 1 following approval of the charter unless
otherwise specified by the authorizer. The period for any subsequent renewal of
an initial charter shall begin to run on the July 1 following approval of the
renewal.
3.08 "Conversion public
charter school" means a public school that has converted to operating under the
terms of a charter approved by the local school board and the authorizer.
Source: Ark. Code Ann. §
6-23-103(3).
3.09 "Debt" means any financial obligation
incurred by a public charter school which will not be paid in full within 365
days from the date on which the financial obligation is incurred.
Source: Current rule as modified herein.
3.10 "Eligible entity" means:
3.10.1 A public institution of higher
education;
3.10.2 A private
nonsectarian institution of higher education;
3.10.3 A governmental entity; or
3.10.4 An organization that:
3.10.4.1 Is nonsectarian in its program,
admissions policies, employment practices, and operations, and
3.10.4.2 Has applied for tax-exempt status
under §
501(c)(3) of the Internal
Revenue Code of 1986. The eligible entity must obtain 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.
Source: Ark. Code Ann. § 6-23-103(4).
3.11
"Founding member" means any individual who is either:
3.11.1 A member or an employee of the
eligible entity applying for the initial charter for an open-enrollment public
charter school; or
3.11.2 A member
of the initial governing nonadvisory board of the open-enrollment public
charter school.
Source: Ark. Code Ann. § 6-23-103(5).
3.12 "Letter of Intent"
means 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. The letter of intent shall be submitted by the
established deadline on forms provided by the Department of Education.
Source: Current rule.
3.13 "Limited Public Charter School" means a
public school that has converted to operating under the terms of a limited
public charter approved by the local school board and the authorizes
Source: Ark. Code Ann. §
6-23-103(6).
3.14 "License" means the authority granted by
the authorizer to an already-existing open-enrollment public charter sponsoring
entity for the purpose of establishing another open-enrollment public charter
school(s) provided the applicant for a charter license(s) meets the following
minimum conditions:
(1) maintains an existing
open-enrollment public charter school charter from the authorizer;
and
(2) meets the requirements of
Section 6.05 of these rules. Source: Current rule and Ark. Code Ann.
§
6-23-304.
3.15 "Local school board" means a board of
directors exercising the control and management of a public school district.
For the purposes of these rules, "local school board" also refers to the board
of directors of a school district where a public charter school will be
physically located. Source: Current rule and Ark. Code Ann. §
6-23-103(7).
3.16 "Net assets" refers to the status of
particular items upon the occurrence of the dissolution, nonrenewal, or
revocation of the charter, with the purpose being to identify publicly-funded
unencumbered assets as property of the state at that point. Specifically, "net
assets" refer to any unencumbered asset for which public funds were spent.
Source: Attorney General Opinion No. 2007-204
3.17 "Open-enrollment public charter school"
means a public school that:
3.17.1 Is
operating under the terms of a charter granted by the authorizer on the
application of an eligible entity;
3.17.2 May draw its students from any public
school district in this state; and
3.17.3 Is a local educational agency under
the Elementary and Secondary Education Act of 1965,
20
U.S.C. §
7801, as it existed on April
10, 2009.
3.17.4 "Open-enrollment
public charter school" also possesses the same meaning as given the term
"charter school" in the Elementary and Secondary Education Act of 1965, 20
U.S.C. § 722li, as it existed on April 10, 2009.
Source: Ark. Code Ann. § 6-23-103(8).
3.18 "Parent" means any
parent, legal guardian, or other person having custody or charge of a
school-age child. Source: Ark. Code Ann. §
6-23-103(9).
3.19 "Public school" means a school that is
part of a public school district under the control and management of a local
school board. Source: Ark. Code Ann. §
6-23-103(10).
3.20 "Public charter school" means a
conversion public charter school, an open-enrollment public charter school, or
a limited public charter school. Source: Ark. Code Ann. §
6-23-103(11).
3.21 "Sectarian" means of or relating to a
particular religious sect. Source: Black's Law Dictionary,
8th Ed., 2004.
3.22 "Short-term Line of Credit" means any
financial obligation or obligations incurred by a public charter school as the
result of an agreement by a lender or potential creditor to advance funds often
thousand dollars ($10,000.00) or more in the form of:
3.22.1 A loan (or combination of loans) that
is payable in full in less than three hundred sixty-five (365) days from the
date on which the financial obligation is incurred; or
3.22.2 A loan (or combination of loans) that
does not define a date certain at which the loan is payable in full.
4.00 RULES APPLICABLE TO ALL PUBLIC CHARTER SCHOOLS
4.01 Charter Form for Public Charter Schools
- Requirements - Revision
4.01.1 A charter
for a public charter school shall:
4.01.1.1 Be
in the form of a written contract signed by the Commissioner of Education and
the chief operating officer of the public charter school;
4.01.1.2 Satisfy the requirements of Title 6,
Chapter 23 of the Arkansas Code and of these rules; and
4.01.1.3 Ensure that the information required
under Ark. Code Ann. §
6-23-404 is consistent with the
information provided in the application and any modification that the
authorizer may require.
4.01.2 Any revision or amendment of the
charter for a public charter school may be made only with the approval of the
authorizer.
Source: Ark. Code Ann. § 6-23-104
4.02 Authorizer Hearing
Notice Requirements
4.02.1 For applications
for a public charter school, the public charter school applicant shall submit
its application according to a schedule set forth by the State Board of
Education.
4.02.2 For renewal
requests for a public charter school, the public charter school applicant shall
submit its renewal request according to a schedule set forth by the State Board
of Education.
4.02.3 For requests
seeking authorizer approval for a change in the physical location of a public
charter school, the public charter school applicant shall submit such request
not later than thirty-five (35) days prior to the date of the authorizer
meeting at which the request will be heard. For open-enrollment public charter
schools, each such request shall be contemporaneously sent by the applicant to
the superintendent of the local school district in which the public charter
school is located.
4.02.3.1 For the purposes
of these rules, a change in the physical location of a public charter school
means a relocation of a public charter school from its present
location.
4.02.3.2 Requests for a
change in the physical location of a public charter school shall include maps
of the present and proposed future locations of the charter school, and shall
identify the local public school district in which the proposed future location
will be located.
4.02.3.3 Not later
than seven (7) days after receipt of the request to change the physical
location of a public charter school, the Commissioner of Education may, in
writing, require the public charter school, the local school district and the
Department of Education to submit additional information, including without
limitation a desegregation analysis, concerning the proposed change in the
physical location of the public charter school. Should the Commissioner of
Education require the submission of such additional information, he or she
shall modify the deadlines contained in Sections 4.04.4, 4.04.5, 4.04.6 of
these rules accordingly.
4.02.4 For requests seeking authorizer
approval for other amendments to a public school charter, the public charter
school applicant shall submit such request not later than thirty-five (35) days
prior to the date of the authorizer meeting at which the request will be heard.
For open-enrollment public charter schools, each such request shall be
contemporaneously sent by the applicant to the superintendent of the local
school district in which the public charter school will be located.
4.02.5 For requests seeking authorizer
approval for licenses for an existing open-enrollment public charter school,
the open-enrollment public charter school applicant shall submit such request
for license not later than thirty-five (35) days prior to the date of the
authorizer meeting at which the request will be heard. Each such request shall
be contemporaneously sent by the applicant to the superintendent of the local
school district in which the public charter school will be located.
4.02.6 Under circumstances involving imminent
peril to the health, welfare, or safety of students, or under circumstances
that may negatively impact the continuation of educational services offered by
the public charter school, and upon written request from the public charter
school, the Commissioner of Education or his or her designee may waive the
thirty-five (35) day deadline set forth in Sections 4.02.2 through Sections
4.02.5 of these rules. The decision of whether to grant such a waiver is within
the sole discretion of the Commissioner of Education or his or her designee. If
the Commissioner of Education, or his or her designee, grants such a waiver, he
or she shall also adjust the resulting deadlines for local school districts and
Department of Education staff contained in Sections 4.04.5 and 4.04.6 of these
rules.
4.03 Basis and
Procedure for Public Charter School Probation or Charter Modification,
Revocation or Denial of Renewal
4.03.1 The
authorizer may place a public charter school on probation or may modify,
revoke, or deny renewal of its charter if the authorizer determines that the
persons operating the public charter school:
4.03.1.1 Committed a material violation of
the charter, including failure to satisfy accountability provisions prescribed
by the charter;
4.03.1.2 Failed to
satisfy generally accepted accounting standards of fiscal management;
4.03.1.3 Failed to comply with this Title 6,
Chapter 23 of the Arkansas Code or other applicable law or regulation;
or
4.03.1.4 Failed to meet academic
or fiscal performance criteria deemed appropriate and relevant for the public
charter school by the authorizer.
4.03.1.5 Pursuant to the federal mandate
contained in
P.L.
111-117, 123 Stat. 3264, the authorizer will
consider increases in student academic achievement for all groups of students
described in Section 1111 (b)(2)(C)(v) of the Elementary and Secondary
Education Act as a primary factor in determining whether to non-renew or revoke
a public charter school's charter. However, any one of the circumstances listed
in Sections 4.03.1.1 through 4.03.1.4 of these rules may be reason enough to
non-renew or revoke a public charter school's charter.
4.03.2 Any action the authorizer may take
under Ark. Code Ann. §
6-23-105 and Section 4.02 of these
rules shall be based on the best interests of the public charter school's
students, the severity of the violation, and any previous violation the public
charter school may have committed.
4.03.3 The authorizer's procedures for
placing a public charter school on probation or modifying, revoking, or denying
renewal of the school's charter can be found in these rules as follows:
4.03.3.1 Conversion public charter schools:
Section 5.07
4.03.3.2
Open-enrollment public charter schools: Section 6.24
4.03.3.3 Limited public charter schools:
Section 7.12
4.03.4
There is no further right of appeal beyond the determination of the authorizer
except as set forth in Sections 9.00 and 10.00 of these Rules.
4.03.5 The Arkansas Administrative Procedure
Act, §
25-15-201 et seq., shall not apply
to any hearing concerning a public charter school.
Source: Ark. Code Ann. § 6-23-105.
4.04 Impact on School
Desegregation Efforts
4.04.1 The applicants
for a public charter school, the local school board for the district in which
the proposed public charter school would be located, and the authorizer shall
carefully review the potential impact of an application for a public charter
school on the efforts of a public school district or public school districts to
comply with court orders and statutory obligations to create and maintain a
unitary system of desegregated public schools.
4.04.2 The authorizer shall attempt to
measure the likely impact of a proposed public charter school on the efforts of
public school districts to achieve and maintain a unitary system.
4.04.3 The authorizer shall not approve any
public charter school under Title 6, Chapter 23, or any other act or any
combination of acts that hampers, delays, or in any manner negatively affects
the desegregation efforts of a public school district or public school
districts in this state.
4.04.4 A
public charter school or applicant shall provide to the Department of
Education, with a copy to the local school board for the school district in
which the public charter school is or will be located, a desegregation analysis
carefully reviewing the potential impact of the public charter school's
application or request on the efforts of a public school district or public
school districts to comply with court orders and statutory obligations to
create and maintain a unitary system of desegregated public schools:
4.04.4.1 In its application for a public
charter school charter;
4.04.4.2 In
its renewal request for its existing public charter school charter;
4.04.4.3 In its request to change the
physical location of its existing charter school if required by the
Commissioner of Education in accordance with Section 4.02.3 of these
rules;
4.04.4.4 In any request to
amend its existing charter to increase its enrollment cap or add grade levels;
and
4.04.4.5 For an existing
open-enrollment public charter school, in any request for a license.
4.04.5 The local school board of
the school district in which the proposed public charter school is or will be
located may provide to the Department of Education, with a copy to the public
charter school or applicant, a desegregation analysis carefully reviewing the
potential impact of an application for a public charter school, or a request
under Section 4.04.4 above, on the efforts of a public school district or
public school districts to comply with court orders and statutory obligations
to create and maintain a unitary system of desegregated public schools:
4.04.5.1 Not later than twenty (20) days
prior to the authorizer's consideration of an application of a public charter
school;
4.04.5.2 Not later than
twenty (20) days prior to the authorizer's consideration of a proposed renewal
of a public charter school;
4.04.5.3 Not later than twenty (20) days
prior to the authorizer's consideration of a change in the physical location of
a public charter school if required by the Commissioner of Education in
accordance with Section 4.02.3 of these rules;
4.04.5.4 Not later than twenty (20) days
prior to the authorizer's consideration of a proposed amendment to a public
charter that includes an increased enrollment cap or the addition of grade
levels; and
4.04.4.5 Not later than
twenty (20) days prior to the authorizer's consideration of a proposed license
for an existing open-enrollment public charter school.
4.04.5.6 Failure of the local school board of
the district in which the proposed public charter school will be located to
submit to the Department of Education a desegregation analysis as set forth
above shall result in a waiver of the local school board's right to submit such
a desegregation analysis to the authorizer.
4.04.6 In accordance with Section 4.04 of
these rules, the Department of Education staff shall submit to the authorizer,
with copies to the public charter school or applicant and the local school
board of the school district in which the public charter school is or will be
located, a desegregation analysis:
4.04.6.1
Not later than ten (10) days prior to the authorizer's consideration of an
application of a public charter school;
4.04.6.2 Not later than ten (10) days prior
to the authorizer's consideration of a proposed renewal of a public charter
school;
4.04.6.3 Not later than ten
(10) days prior to the authorizer's consideration of a change in physical
location of a public charter school if required by the Commissioner of
Education in accordance with Section 4.02.3 of these rules;
4.04.6.4 Not later than ten (10) days prior
to the authorizer's consideration of a proposed amendment to a public charter
that includes an increased enrollment cap or the addition of grade
levels;
4.04.6.5 Not later than ten
(10) days prior to the authorizer's consideration of a proposed license for an
existing open-enrollment public charter school; and
4.04.6.5 At any other time as directed by the
authorizer or the Commissioner of Education.
4.04.6.6 The Department of Education's
desegregation analysis will include as attachments the desegregation analyses
provided by the applicant or public charter school and the local school board
in which the public charter school is or will be located.
Source: Ark. Code Ann. § 6-23-106.
4.05
Observance of Anti-Discrimination Laws
4.05.1
All public charter schools shall observe and comply with all antidiscrimination
laws, both federal and state, except where otherwise exempted under federal
charter school law.
4.05.2 All
public charter schools are responsible for meeting the requirements of the
Individuals with Disabilities Act (IDEA) and these rules.
4.05.3 All public charter schools are
responsible for meeting the requirements of Section 504 of the Rehabilitation
Act.
Source: Current rules as modified.
4.06 Reporting
Requirements
4.06.1 Within ten (10) calendar
days of the close of the first quarter of each school year, a public charter
school shall submit a written report to the Department of Education that
contains the following information for the current school year:
4.06.1.1 The number of applications for
enrollment received;
4.06.1.2 The
number of applicants with a disability identified under the Individuals with
Disabilities Act,
20 U.S.C. §
1400 et seq.; and
4.06.1.3 The number of applications for
enrollment the public charter school denied and an explanation of the reason
for each denial.
4.06.2
Within ten (10) calendar days of the close of the fourth quarter of each school
year, a public charter school shall submit a written report to the Department
of Education that contains the following information for the current school
year:
4.06.2.1 The number of students in each
of the following categories:
4.06.2.1.1
Students who dropped out of the public charter school during the school
year;
4.06.2.1.2 Students who were
expelled during the school year by the public charter school;
4.06.2.1.3 Students who were enrolled in the
public charter school but for a reason other than those cited under Sections
4.06.2.1.1 and 4.06.2.1.2 did not complete the school year at the public
charter school;
4.06.2.1.4 Students
identified in Sections 4.06.2.1.1 through 4.06.2.1.3 who transferred to another
open-enrollment public charter school;
4.06.2.1.5 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a private school;
4.06.2.1.6 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a home school;
4.06.2.1.7 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a school outside of Arkansas;
and
4.06.2.1.8 Students identified
in Sections 4.06.2.1.1 through 4.06.2.1.3 who transferred to a traditional
public school district within Arkansas.
4.06.2.1.9 The report shall identify the
dates of transfer for all students identified in Section 4.06.2.1.8.
4.06.2.2 For all students enrolled
in the public charter school, the scores for assessments required under the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
§
6-15-401 et seq., including without
limitation benchmark assessments and end-of-course assessments
4.06.2.3 If there is any discrepancy in the
number of students for whom scores are reported under Section 4.06.2.2 of these
rules, and the number of students enrolled at the beginning of the school year,
the public charter school shall explain in the report the reason for the
discrepancy.
4.06.3 The
Department of Education shall not exempt a public charter school from the
reporting required under Section 4.06 of these rules.
4.06.4 The Department of Education shall
publish a copy of each report on the department's website.
4.06.5 If a public charter school fails to
comply with Ark. Code Ann. §
6-23-107 and Section 4.06 of these
rules, the Department of Education shall note the failure in the annual
evaluation of the public charter school.
4.06.6 Every public charter school shall
furnish any other information, record, or report requested by the Department of
Education Charter School Office unless disclosure of the information, record,
or report is explicitly prohibited by court order or by federal or state
law.
4.06.7 The Department of
Education Charter School Office shall, at least annually, post on the
Department of Education's website a list of deadlines for which legally
required reports are due from the public charter school to the Department of
Education.
Source: Ark. Code Ann. § 6-23-107 -Act 993 of 2011.
4.07 Public Charter Schools Receiving Federal
Dissemination Grants from the Arkansas Department of Education
4.07.1 Public Charter Schools that receive
federal dissemination grant funds from the Department of Education shall, by
July 1 of each year, provide the Department of Education Charter School Office
with a list of the public charter school's best or promising practices in
accordance with their approved dissemination grant applications.
4.07.2 By August 1 of each year, the
Department of Education Charter School Office will post a link of each public
charter school's best or promising practices on the Department of Education's
website.
4.08
Application Process, Schedule and Forms
4.08.1
A procedure for establishing a public charter school shall be published by the
Department of Education as approved by the State Board.
4.08.2 All dates and requirements listed in
the procedures for establishing a public charter school shall be strictly
followed by the public charter school applicant.
4.08.3 If all dates and requirements listed
in the procedures for establishing a public charter school are not strictly
followed by the public charter school applicant, the authorizer may refuse to
consider the application.
4.08.4
Application forms and other documents needed for the public charter school
application process shall be provided by the Arkansas Department of Education
Charter School Office and are incorporated into these rules as if fully set
forth herein.
4.08.5 Any requests
for technical assistance by a charter applicant shall be made to the Arkansas
Department of Education Charter School Office.
4.08.6 Letter of Intent: Each public charter
school letter of intent shall be submitted by the potential applicant by
certified mail, hand delivery or by electronic means and must be received by
the Department of Education Charter School Office on or before the established
deadline. The Department of Education Charter School Office may refuse to
process or review any letter of intent not received by the established
deadline.
4.08.7 Charter
Application: Each public charter school application shall be submitted by the
applicant by certified mail, hand delivery or by electronic means and must be
received by the Department of Education Charter School Office on or before the
established deadline. The Department of Education Charter School Office may
refuse to process or review any application not received by the established
deadline.
4.08.8 The Department of
Education shall review the application for a public charter school and present
to the authorizer a written evaluation of the application. The Department's
evaluation shall be sent to the public charter school applicant.
4.08.9 The public charter school applicant
shall be allowed an opportunity to submit a written response to the Arkansas
Department of Education's evaluation by an established deadline.
4.08.10 The Department of Education may
require additional information from a charter applicant to be delivered by the
charter applicant in oral or written form, or both.
5.00 RULES APPLICABLE TO CONVERSION PUBLIC CHARTER SCHOOLS
5.01 Application for Conversion Public
Charter School Status
5.01.1 Any public school
district may apply to the authorizer for conversion public charter school
status for a public school in the public school district in accordance with a
schedule approved by the State Board. The authorizer shall not approve an
application for conversion public charter school status that has not first been
approved by the school district's board of directors.
5.01.2 A public school district's application
for conversion public charter school status for the public school may include,
without limitation, the following purposes:
5.01.2.1 Adopting research-based school or
instructional designs, or both, that focus on improving student and school
performance;
5.01.2.2 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
5.01.2.3 Partnering with other public school
districts or public schools to address students' needs in a geographical
location or multiple locations.
5.01.3 An application for a conversion public
charter school shall:
5.01.3.1 Describe the
results of a public hearing called by the local school board for the purpose of
assessing support of an application for conversion public charter school
status.
5.01.3.2 Notice of the
public hearing shall be:
5.01.3.2.1
Distributed to the community, licensed personnel, and the parents of all
students enrolled at the public school for which the public school district
initiated the application; and
5.01.3.2.2 Published in a newspaper having
general circulation in the public school district at least three (3) weeks
prior to the date of the meeting;
5.01.3.3 Describe a plan for school
improvement that addresses how the conversion public charter school will
improve student learning and meet the state education goals;
5.01.3.4 Outline proposed performance
criteria that will be used during the initial five-year period of the charter
to measure the progress of the conversion public charter school in improving
student learning and meeting or exceeding the state education goals;
5.01.3.5 Describe how the licensed employees
and parents of the students to be enrolled in the conversion public charter
school will be involved in developing and implementing the school improvement
plan and identifying performance criteria;
5.01.3.6 Describe how the concerns of
licensed employees and parents of students enrolled in the conversion public
charter school will be solicited and addressed in evaluating the effectiveness
of the improvement plan; and
5.01.3.7 List the specific provisions of
Title 6 of the Arkansas Code and the specific rules and regulations promulgated
by the State Board from which the public charter school will be
exempt.
5.01.4 A
licensed teacher employed by a public school in the school year immediately
preceding the effective date of a charter for a public school conversion within
that public school district may not be transferred to or be employed by the
conversion public charter school over the licensed teacher's objection, nor
shall that objection be used as a basis to deny continuing employment within
the public school district in another public school at a similar grade
level.
5.01.5 If the transfer of a
teacher within the public school district is not possible because only one (1)
public school exists for that teacher's certification level, then the local
school board shall call for a vote of the licensed teachers in the proposed
conversion public charter school site and proceed, at the local school board's
option, with the conversion public charter school application if a majority of
the licensed teachers approve the proposal.
Source: Ark. Code Ann. § 6-23-201.
5.02 Authorization for
Conversion Public Charter School Status
5.02.1 As requested by the conversion public
charter school applicant, the authorizer shall review the application for
conversion public charter school status and may approve any application that:
5.02.1.1 Provides a plan for improvement at
the school level for improving student learning and for meeting or exceeding
the state education goals;
5.02.1.2
Includes a set of performance-based objectives and student achievement
objectives for the term of the charter and the means for measuring those
objectives on at least a yearly basis;
5.02.1.3 Includes a proposal to directly and
substantially involve the parents of students to be enrolled in the conversion
public charter school, as well as the licensed employees and the broader
community, in the process of carrying out the terms of the charter;
and
5.02.1.4 Includes an agreement
to provide a yearly report to parents, the community, the local school board,
and the authorizer that indicates the progress made by the conversion public
charter school in meeting the performance objectives during the previous year.
Source: Ark. Code Ann. § 6-23-202.
5.03
Resubmission of Conversion Public Charter School Applications
5.03.1 The authorizer may allow applicants to
resubmit applications for conversion public charter school status if the
original application was, in the opinion of the authorizer, deficient in one
(1) or more respects.
5.03.2 The
Department of Education may provide technical assistance to the conversion
public charter school applicants in the creation or modification of these
applications.
Source: Ark. Code Ann. § 6-23-203
5.04 Public Conversion
Charter School Renewal: The authorizer is authorized to renew charters of
conversion public charter schools on a one-year or multiyear basis, not to
exceed five (5) years, after the initial five-year period if the renewal is
approved by the local school board.
Source: Ark. Code Ann. § 6-23-204
5.05 Teacher Hires when Charter
Revoked: If a licensed teacher employed by a public school district in the
school year immediately preceding the effective date of the charter is employed
by a conversion public charter school and the charter is revoked, the licensed
teacher will receive a priority in hiring for the first available position for
which the licensed teacher is qualified in the public school district where the
licensed teacher was formerly employed.
5.06 Authorizer Hearing Procedures Related to
Conversion Public Charter Schools (Application, Renewal, or Request for Charter
Amendment)
5.06.1 All persons, with the
exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
5.06.2 The conversion
public charter school or applicant shall have twenty (20) minutes to present
its case to the authorizer for approval of the proposed conversion public
charter school, renewal, or amendment. The Chair of authorizing body may grant
additional time, if necessary.
5.06.3 Parties opposed to the conversion
public charter school application, renewal, or amendment, if any, shall have
twenty (20) minutes to present their case to the authorizer for disapproval of
the proposed conversion public charter school, renewal, or amendment. The Chair
of the authorizing body may grant additional time, if necessary.
5.06.4 The conversion public charter school
or applicant shall have five (5) minutes to respond to any arguments in
opposition to the conversion public charter school application, renewal, or
amendment. The Chair of the authorizing body may grant additional time, if
necessary.
5.06.5 The authorizer
will follow the presentation with discussion of the conversion public charter
school application or request and questions, if any, to the conversion public
charter school or applicant, opposing parties, or both.
5.06.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
5.06.7 The
authorizer may defer the vote to approve or disapprove a charter application,
renewal, or amendment in order to allow a public charter school or applicant to
make modifications or receive technical assistance to correct deficiencies in
the application or request.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
5.07 Authorizer Hearing Procedures Related to
Conversion Public Charter Schools (Modification, Probation or Revocation of
Charter)
5.07.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the conversion public charter
school.
5.07.2 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
5.07.3 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of a
conversion public charter school charter. The Chair of the authorizing body may
grant additional time, if necessary.
5.07.4 The conversion public charter school
shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the conversion
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
5.07.5 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the conversion public charter
school, or both.
5.07.6 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.00 RULES APPLICABLE TO OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS
6.01 Application for an Open-Enrollment
Public Charter School
6.01.1 Pursuant to
Title 6, Chapter 23 of the Arkansas Code and these rules, an eligible entity
may apply to the authorizer to grant a charter for an open-enrollment public
charter school to operate in a facility of a commercial or nonprofit entity or
a public school district. As noted in Section 6.17.11 of these Rules, an
open-enrollment public charter school shall have the right of first refusal to
purchase or lease for fair market value a closed public school facility or
unused portions of a public school facility located in a public school district
from which it draws students if the public school district decides to sell or
lease the public school facility.
6.01.2 The authorizer shall adopt an
application form, schedule, and a procedure that must be used to apply for an
open-enrollment public charter school. The State Board shall adopt any
applications, forms, schedules and procedures that are required to be
promulgated through the Administrative Procedure Act.
6.01.3 The authorizer shall adopt, in
conjunction with the application form adopted under section 6.01.2 of these
Rules, a scoring rubric that shall constitute criteria to inform the
authorizer's approval of a program for which an open-enrollment public charter
may be granted. The State Board shall adopt any rubric that is required to be
promulgated through the Administrative Procedure Act.
6.01.4 The application to the authorizer for
an open-enrollment public charter school shall be made in accordance with a
schedule approved by the authorizer. The State Board shall adopt any schedule
that is required to be promulgated through the Administrative Procedure
Act.
6.01.5 The application form
must provide space for including all information required under Title 6,
Chapter 23 and these rules to be contained in the charter.
6.01.6 The application for an open-enrollment
public charter school shall:
6.01.6.1
Describe the results of a public hearing called by the applicant for the
purpose of assessing support for an application for an open-enrollment public
charter school.
6.01.6.1.1 Notice of the
public hearing shall be published one (1) time a week for three (3) consecutive
weeks in a newspaper having general circulation in the public school district
in which the open-enrollment public charter school is likely to be located.
6.01.6.1.1.1 The last publication of notice
shall be no less than seven (7) days before the public meeting.
6.01.6.1.1.2 The notice shall not be
published in the classified or legal notice section of the newspaper.
6.01.6.1.2 Within seven (7)
calendar days following the first publication of notice required under Section
6.01.6.1.1 of these rules, letters announcing the public hearing shall be sent
to the superintendent of each of the public school districts from which the
open-enrollment public charter school is likely to draw students for the
purpose of enrollment and the superintendent of any public school district that
is contiguous to the public school district in which the open-enrollment public
charter school will be located.
6.01.6.1.3 An affected school district may
submit written comments concerning the application to the authorizer to be
considered at the time of the authorizer's review of the application.
6.01.6.2 Describe a plan for
academic achievement that addresses how the open-enrollment public charter
school will improve student learning and meet the state education
goals;
6.01.6.3 Outline the
proposed performance criteria that will be used during the initial five-year
period of the open-enrollment public charter school operation to measure its
progress in improving student learning and meeting or exceeding the state
education goals;
6.01.6.4 List the
specific provisions of Title 6 of the Arkansas Code and the specific rules and
regulations promulgated by the State Board from which the open-enrollment
public charter school seeks to be exempted;
6.01.6.5 Describe the facility to be used for
the open-enrollment public charter school and state the facility's current use.
6.01.6.5.1 If the facility to be used for an
open-enrollment public charter school is a public school district facility, the
open-enrollment public charter school must operate in the facility in
accordance with the terms established by the local school board of the public
school district in an agreement governing the relationship between the
open-enrollment public charter school and the public school district.
6.01.6.5.2 If the facility that will be used
for the open-enrollment public charter school is owned by or leased from a
sectarian organization, the terms of the facility agreement must be disclosed
to the authorizer.
6.01.6.6 Include a detailed budget and a
governance plan for the operation of the open-enrollment public charter
school.
6.01.7 Review
and Approval by the Local School Board:
6.01.7.1 The application may be reviewed and
approved by the local school board of the public school district in which the
proposed open-enrollment public charter school will operate.
6.01.7.2 Any decision by the local school
board approving or disapproving the application must be made within forty-five
(45) days of the local school board's receipt of the application.
6.01.7.3 The applicant may submit to the
authorizer for expedited review an application approved by the local school
board under Section 6.01.7.1 of these rules.
6.01.7.4 If the local school board
disapproves the application, or if the local school board takes no action in
the time allowed by Section 6.01.7.2 of these Rules, the applicant shall have
an immediate right to proceed with a written notice of appeal to the
authorizer.
6.01.7.5 The authorizer
shall hold a hearing within forty-five (45) calendar days after receipt of the
notice of appeal or a request for review, unless the applicant and the local
school board agree to a later date.
6.01.7.6 All interested parties may appear at
the hearing and present relevant information regarding the
application.
6.02 A licensed teacher employed by a public
school district in the school year immediately preceding the effective date of
a charter for an open-enrollment public charter school operated at a public
school facility may not be transferred to or be employed by the open-enrollment
public charter school over the licensed teacher's objections.
Source: Ark. Code Ann. §§ 6-23-301 and 6-23-302 as amended by Act 993 of 2011
6.03
Authorization for an Open-Enrollment Public Charter School
6.03.1 As requested by the applicant for an
open-enrollment public charter school, the authorizer shall review the
application for an open-enrollment public charter school and may approve any
application that:
6.03.1.1 Provides a plan
for academic achievement that addresses how the open-enrollment public charter
school proposes to improve student learning and meet the state education
goals;
6.03.1.2 Includes a set of
performance criteria that will be used during the initial five-year period of
the open-enrollment public charter school's operation to measure its progress
in meeting its academic performance goals;
6.03.1.3 Includes a proposal to directly and
substantially involve the parents of students to be enrolled in the
open-enrollment public charter school, the licensed employees, and the broader
community in carrying out the terms of the open-enrollment charter;
6.03.1.4 Includes an agreement to provide an
annual report to parents, the community, and the authorizer that demonstrates
the progress made by the open-enrollment public charter school during the
previous academic year in meeting its academic performance
objectives;
6.03.1.5 Includes a
detailed budget, a business plan, and a governance plan for the operation of
the open-enrollment public charter school; and
6.03.1.6 Establishes the eligible entity's
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.
Source: Ark. Code Ann. § 6-23-303
6.04 Other
Application Requirements - Preference for Certain Districts
6.04.1 The authorizer may approve or deny an
application based on:
6.04.1.1 Criteria
provided by law;
6.04.1.2 Criteria
provided by rule adopted by the authorizer under section 6.01.3 of these
Rules;
6.04.1.3 Findings of the
authorizer relating to improving student performance and encouraging innovative
programs; and
6.04.1.4 Written
findings or statements received by the authorizer from any public school
district likely to be affected by the open-enrollment public charter
school.
6.04.2 The
authorizer shall give preference in approving an application for an
open-enrollment public charter school to be located in any public school
district:
6.04.2.1 When the percentage of
students who qualify for free or reduced-price lunches is above the average for
the state;
6.04.2.2 When the
district has been classified by the State Board as in academic distress under
Ark. Code Ann. §
6-15-428; or
6.04.2.3 When the district has been
classified by the Department of Education as in some phase of school
improvement status under Ark. Code Ann. §
6-15-426 or some phase of fiscal
distress under the Arkansas Fiscal Assessment and Accountability Program,
§
6-20-1901 et seq., if the fiscal
distress status is a result of administrative fiscal mismanagement, as
determined by the State Board.
6.04.3 The Department of Education, State
Board, or a combination of the department and the State Board may grant no more
than a total of twenty-four (24) charters for open-enrollment public charter
schools except as provided under Section 6.04.3.1 below.
6.04.3.1 If the cap on the number of charters
available for an open-enrollment public charter schools is within two (2)
charters of meeting any existing limitation or cap on available open-enrollment
charters, the number of available charters shall automatically increase by five
(5) slots more than the most recent existing limitation or cap on
open-enrollment charters.
6.04.3.2
By March 1 each year, the Department of Education shall issue a Commissioner's
Memo stating the existing limitation on the number of charters available for
open-enrollment public charter schools and the number of charters available for
open-enrollment public charter schools during the next application
cycle.
6.04.4 An
open-enrollment public charter applicant's school campus shall be limited to a
single open-enrollment public charter school per charter except as allowed in
Section 6.05 of these rules.
6.04.5
An open-enrollment public charter school shall not open in the service area of
a public school district administratively reorganized under Ark. Code Ann.
§
6-13-1601 et seq., until after the
third year of the administrative reorganization.
6.04.6 A private or parochial elementary or
secondary school shall not be eligible for open-enrollment public charter
school status.
Source: Ark. Code Ann. § 6-23-304 as amended by Act 987 of 2011
6.05 Open-Enrollment Public Charter School
Licenses
6.05.1 A charter applicant that
receives an approved open-enrollment public charter may petition the authorizer
for additional licenses to establish an open-enrollment public charter school
in any of the various congressional districts in Arkansas if the applicant
meets the following conditions:
6.05.1.1 The
approved open-enrollment public charter applicant has demonstrated academic
success as defined by the State Board for all public schools;
6.05.1.2 The approved open-enrollment public
charter applicant has not:
6.05.1.2.1 Been
subject to any disciplinary action by the authorizer;
6.05.1.2.2 Been classified as in academic or
fiscal distress;
6.05.1.2.3 Had its
open-enrollment public charter placed on charter school probation or suspended
or revoked under Ark. Code Ann. §
6-23-105 or Section 4.03 of these
rules; and
6.05.1.2.4 The
authorizer determines in writing by a majority of a quorum present that the
open-enrollment public charter applicant has generally established the
educational program results and criteria set forth in Section 6.05 of these
rules.
Source: Ark. Code Ann. § 6-23-304 as amended by Act 993 of 2011
6.06 Resubmission of Open-Enrollment Public
Charter School Applications
6.06.1 If the
authorizer disapproves an application for an open-enrollment public charter
school, the authorizer shall notify the applicant in writing of the reasons for
such disapproval.
6.06.2 The
authorizer may allow the applicant for an open-enrollment public charter school
to resubmit its application if the original application was found to be
deficient by the authorizer.
6.06.3
The Department of Education may provide technical assistance to the applicant
for an open-enrollment public charter school in the creation or modification of
its application.
Source: Ark. Code Ann. § 6-23-305
6.07 Contents of
Open-Enrollment Public Charters
6.07.1 An
open-enrollment public charter granted by the authorizer shall:
6.07.1.1 Describe the educational program to
be offered;
6.07.1.2 Specify the
period for which the open-enrollment public charter or any renewal is
valid;
6.07.1.3 Provide that the
continuation or renewal of the open-enrollment public charter is contingent on
acceptable student performance on assessment instruments adopted by the State
Board and on compliance with any accountability provision specified by the
open-enrollment public charter, by a deadline, or at intervals specified by the
open-enrollment public charter;
6.07.1.4 Establish the level of student
performance that is considered acceptable for the purposes of Section 6.07.1.3
of these rules;
6.07.1.5 Specify
any basis, in addition to a basis specified by Title 6, Chapter 23 of the
Arkansas Code or Section 4.03 of these rules, on which the open-enrollment
public charter school may be placed on probation or its charter revoked or on
which renewal of the open-enrollment public charter school may be
denied;
6.07.1.6 Prohibit
discrimination in admissions policy on the basis of gender, national origin,
race, ethnicity, religion, disability, or academic or athletic eligibility,
except as follows:
6.07.1.6.1 The
open-enrollment public charter school may adopt admissions policies that are
consistent with federal law, regulations, or guidelines applicable to charter
schools;
6.07.1.6.2 Consistent with
the requirements of Section 6.07.1.14.3 of these rules, the open-enrollment
public charter school may allow a weighted lottery to be used 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;
and
6.07.1.6.3 The open-enrollment
public charter may provide for the exclusion of a student who has been expelled
from another public school district in accordance with Title 6 of the Arkansas
Code.
6.07.1.7 Specify
the grade levels to be offered;
6.07.1.8 Describe the governing structure of
the program;
6.07.1.9 Specify the
qualifications to be met by professional employees of the program;
6.07.1.10 Describe the process by which the
persons providing the program will adopt an annual budget;
6.07.1.11 Describe the manner in which the
annual audit of the financial and programmatic operations of the program is to
be conducted, including the manner in which the persons providing the program
will provide information necessary for the public school district in which the
program is located to participate;
6.07.1.12 Describe the facilities to be used,
including the terms of the facility utilization agreement if the facility for
the open-enrollment public charter school is owned or leased from a sectarian
organization;
6.07.1.13 Describe
the geographical area, public school district, or school attendance area to be
served by the program;
6.07.1.14
Specify the methods for applying for admission, enrollment criteria, and
student recruitment and selection processes.
6.07.1.14.1 Except as provided in Section
6.07.1.14.2 of these rules, if more eligible students apply for a first-time
admission than the open-enrollment public charter school is able to accept by
the annual deadline that the open-enrollment public charter school has
established for the receipt of applications for the next school year, the
open-enrollment public charter must require the open-enrollment public charter
school to use a random, anonymous student selection method that shall be
described in the charter application.
6.07.1.14.1.1 If there are still more
applications for admissions than the open-enrollment public charter school is
able to accept after the completion of the random, anonymous student selection
method, then the open-enrollment public charter school shall place the
applicants on a waiting list for admission.
6.07.1.14.1.2 The waiting list is valid until
the next time the open-enrollment public charter school is required to conduct
a random, anonymous student selection.
6.07.1.14.2 However, an open-enrollment
public charter school may allow a preference for:
6.07.1.14.2.1 Children of the founding
members of the eligible entity. The number of enrollment preferences granted to
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
6.07.1.14.2.2 Siblings of
students currently enrolled in the open-enrollment public charter
school.
6.07.1.14.3 The
open-enrollment public charter may use a weighted lottery in the student
selection process only when necessary to comply with a:
6.07.1.14.3.1 Federal court order;
or
6.07.1.14.3.2 Federal
administrative order issued by an appropriate federal agency having proper
authority to enforce remedial measures necessary to comply with Title VI of the
federal Civil Rights Act of 1964, Title IX of the federal Education Amendments
of 1972 and the equal protection clause of the Fourteenth Amendment to the
United States Constitution.
6.07.1.15 Include 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
whose salaries or benefits are derived from any public moneys.
Source: Ark. Code Ann. § 6-23-306 as amended by Act 993 of 2011
6.08 Renewal of an Open-Enrollment Charter:
After the initial five-year period of an open-enrollment public charter, the
authorizer may renew the open-enrollment public charter on a one-year or
multiyear basis, not to exceed twenty (20) years.
Source: Ark. Code Ann. § 6-23-307 as amended by Act 993 of 2011
6.09 Priority
Hiring for Teachers: If a licensed teacher employed by a public school district
in the school year immediately preceding the effective date of the
open-enrollment public charter is employed by an open-enrollment public charter
school and the open-enrollment public charter is revoked, the licensed teacher
will receive a priority in hiring for the first available position for which
the licensed teacher is qualified in the school district where the licensed
teacher was formerly employed.
Source: Ark. Code Ann. § 6-23-308
6.10 Status Report: The authorizer
shall report on the status of the open-enrollment public charter school
programs to the General Assembly each biennium and to the House Committee on
Education and the Senate Committee on Education during the interim between
regular sessions of the General Assembly.
Source: Ark. Code Ann. § 6-23-310
6.11 Authority under a Charter for
Open-Enrollment Public Charter Schools
6.11.1
An open-enrollment public charter school:
6.11.1.1 Shall be governed by an eligible
entity that is fiscally accountable under the governing structure as described
by the charter;
6.11.1.2 Shall
provide instruction to students at one (1) or more elementary or secondary
grade levels as provided by the charter;
6.11.1.3 Shall retain the authority to
operate under the charter contingent on satisfactory student performance as
provided by the charter in accordance with Title 6, Chapter 23 of the Arkansas
Code and these rules;
6.11.1.4
Shall have no authority to impose taxes;
6.11.1.5 Shall not incur any debts without
the prior review and approval of the Commissioner of Education;
6.11.1.5.1 Requests for approval of debt must
be submitted to the Commissioner of Education by the open-enrollment public
charter school no later than thirty (30) days prior to the date upon which the
debt will be incurred.
6.11.1.5.2
Under circumstances involving imminent peril to the health, welfare, or safety
of students, or under circumstances that may negatively impact the continuation
of educational services offered by the public charter school, and upon written
request from the public charter school, the Commissioner of Education may waive
the thirty (30) day deadline set forth in Section 6.11.1.5.1 of these rules.
The decision of whether to grant such a waiver is within the sole discretion of
the Commissioner of Education.
6.11.1.6 Shall not enter into any short-term
line of credit, or receive any funds from a short-term line of credit, without
prior notice to the Commissioner of Education;
6.11.1.6.1 Notice of a short-term line of
credit must identify the lender or creditor, the principal amount, the interest
rate, and the payment terms;
6.11.1.6.2 No public funds may be used to
repay any short-term line of credit unless prior notice of the line of credit
was given to and received by the Commissioner of Education;
6.11.1.7 Shall not charge students
tuition or fees that would not be allowable charges in the public school
districts; and
6.11.1.8 Shall not
be religious in its operations or programmatic offerings.
6.11.2 An open-enrollment public charter
school is subject to any prohibition, restriction, or requirement imposed by
Title 6 of the Arkansas Code and any rule and regulation promulgated by the
State Board under Title 6 of the Arkansas Code relating to:
6.11.2.1 Monitoring compliance with Title 6
of the Arkansas Code, as determined by the Commissioner;
6.11.2.2 Public school accountability under
Title 6 of the Arkansas Code;
6.11.2.3 High school graduation requirements
as established by the State Board;
6.11.2.4 Special education programs as
provided by Title 6 of the Arkansas Code;
6.11.2.5 Conducting criminal background
checks for employees as provided by Title 6 of the Arkansas Code;
6.11.2.6 Health and safety codes as
established by the State Board and local governmental entities; and
6.11.2.7 Ethical guidelines and prohibitions
as established by Ark. Code Ann. §
6-24-101 et seq., and any other
controlling state or federal law regarding ethics or conflicts of interest.
Source: Ark. Code Ann. § 6-23-401
6.12
Enrollment Numbers and Deadline:
6.12.1 An
open-enrollment public charter school may enroll a number of students not to
exceed the number of students specified in its charter.
6.12.2 Any student enrolling in an
open-enrollment public charter school shall enroll in that school by the
deadline established in Ark. Code Ann. §
6-23-402 for the upcoming school
year during which the student will be attending the open-enrollment public
charter school.
6.12.3 However, if
a student enrolled by the deadline established in Ark. Code Ann. §
6-23-402 should no longer choose to
attend the open-enrollment public charter school or if the open-enrollment
public charter school has not yet met its enrollment cap, the open-enrollment
public charter school may enroll a number of replacement or additional students
not to exceed the enrollment cap of the open-enrollment public charter
school.
6.12.4 Open-enrollment
public charter schools shall keep records of attendance in accordance with the
law and submit quarterly attendance reports to the Department of Education.
Source: Ark. Code Ann. § 6-23-402 as amended by Acts 989 and 993 of 2011
6.13 Annual Audit of Open-Enrollment Public
Charter School Required:
6.13.1 Any other
provision of the Arkansas Code or these rules notwithstanding, an
open-enrollment public charter school shall be subject to the same auditing and
accounting requirements as any other public school district in the
state.
6.13.2 An open-enrollment
public charter school shall prepare an annual certified audit of the financial
condition and transactions of the open-enrollment public charter school as of
June 30 each year in accordance with auditing standards generally accepted in
the United States and Government Auditing Standards issued by the Comptroller
General of the United States, and containing any other data as determined by
the State Board for all public schools.
6.13.3 If the school is an open-enrollment
public charter school in its first year of operation, the Legislative Auditor
shall prepare the required annual financial audit for the school unless:
6.13.3.1 The open-enrollment public charter
school chooses to retain the services of a licensed certified public accountant
in public practice in good standing with the Arkansas State Board of Public
Accountancy; and
6.13.3.2 The
authorizer approves the open-enrollment public charter school's use of an
entity other than the Legislative Auditor to prepare the annual financial
audit.
6.13.4 No
open-enrollment public charter school shall engage an accountant or accounting
firm to conduct any audit if the accountant or accounting firm is listed on any
ineligibility list maintained by the Department of Education or the Division of
Legislative Audit.
Source: Ark. Code Ann. §§ 6-23-403, 6-23-505, and 10-4-413 as amended by Act 993 of 2011.
6.14 Evaluation of Open-Enrollment Public
Charter Schools:
6.14.1 The Department of
Education shall cause to be conducted an annual evaluation of open-enrollment
public charter schools.
6.14.2 An
annual evaluation shall include, without limitation, consideration of:
6.14.2.1 Student scores under the statewide
assessment program described in Ark. Code Ann. §
6-15-433;
6.14.2.2 Student attendance;
6.14.2.3 Student grades;
6.14.2.4 Incidents involving student
discipline;
6.14.2.5 Socioeconomic
data on students' families;
6.14.2.6 Parental satisfaction with the
schools;
6.14.2.7 Student
satisfaction with the schools; and
6.14.2.8 The open-enrollment public charter
school's compliance with Ark. Code Ann. §
6-23-107 and Section 4.06 of these
rules.
6.14.3 The
authorizer may require the charter holder to appear before the authorizer to
discuss the results of the evaluation and to present further information to the
authorizer as the authorizer deems necessary.
Source: Ark. Code Ann. § 6-23-404 as amended by Act 993 of 2011
6.15 Monthly Reports: An open-enrollment
public charter school in its initial school year of operation shall provide
monthly reports on its enrollment status and compliance with its approved
budget for the current school year to the Department of Education.
Source: Ark. Code Ann. § 6-23-405 as added by Act 993 of 2011
6.16
Department of Education Review: The Department of Education shall:
6.16.1 Conduct an end-of-semester review of
each open-enrollment public charter school that is in its initial school year
of operation at the end of the first semester and at the end of the school
year; and
6.16.2 Report to the
State Board and the Commissioner of Education on the open-enrollment public
charter school's:
6.16.2.1 Overall financial
condition; and
6.16.2.2 Overall
condition of student enrollment.
Source: Ark. Code Ann. § 6-23-406 as added by Act 993 of 2011
6.17 Funding for Open-Enrollment Public
Charter Schools
6.17.1 An open-enrollment
public charter school shall receive funds equal to the amount that a public
school would receive under Ark. Code Ann. §
6-20-2305(a) and
(b) as well as any other funding that a
public charter school is entitled to receive under law or under rules
promulgated by the State Board.
6.17.2 For the first year of operation and
any year the open-enrollment public charter school adds a new grade, the
foundation funding for an open-enrollment public charter school is determined
as follows:
6.17.2.1 The initial funding
estimate shall be based on enrollment as of the deadline established by Ark.
Code Ann. §
6-23-501;
6.17.2.2 In December, funding will be
adjusted based upon the first quarter average daily membership; and
6.17.2.3 A final adjustment will be made
after the current three-quarter average daily membership is
established.
6.17.3 For
the second year and each school year thereafter, the previous year's average
daily membership will be used to calculate foundation funding
amounts.
6.17.4 National school
lunch state categorical funding under Ark. Code Ann. §
6-20-2305(b)(4)
shall be provided to an open-enrollment public charter school as follows:
6.17.4.1 For the first year of operation and
in any year when a grade is added, free or reduced-price meal eligibility data
as reported by October 1 of the current school year will be used to calculate
the national school lunch state categorical funding under the State Board rules
governing special needs funding; and
6.17.4.2 For the second year and each school
year of operation thereafter, the previous year's October 1 national school
lunch student count as specified in State Board rules governing special needs
funding will be used to calculate national school lunch state categorical
funding for the open-enrollment public charter school.
6.17.5 Professional development funding under
Ark. Code Ann. §
6-20-2305(b)(5)
shall be provided to an open-enrollment public charter school for the first
year of operation and in any year in which a grade is added as follows:
6.17.5.1 In the first year of operation and
in any year when a grade is added, the open-enrollment public charter school
shall receive professional development funding based upon the initial projected
enrollment student count as of the date required by Ark. Code Ann. §
6-23-501 multiplied by the
per-student professional development funding amount under Ark. Code Ann. §
6-20-2305(b)(5)
for that school year.
6.17.5.2 For
the second year and each school year thereafter, professional development
funding will be based upon the previous year's average daily membership
multiplied by the per-student professional development funding amount for that
school year.
6.17.6 The
Department of Education shall distribute other categorical funding under Ark.
Code Ann. §
6-20-2305(a) and
(b) for which an open-enrollment public
charter school is eligible as provided by state law and rules promulgated by
the State Board.
6.17.7 An
open-enrollment public charter school shall not be denied foundation funding or
categorical funding in the first year or any year of operation provided that
the open-enrollment public charter school submits to the Department of
Education the number of students eligible for funding as specified in
applicable rules.
6.17.8 Foundation
funding for an open-enrollment public charter school shall be paid in twelve
(12) installments each fiscal year.
6.17.9 An open-enrollment public charter
school may receive any state and federal aids, grants, and revenue as may be
provided by law.
6.17.10
Open-enrollment public charter schools may receive gifts and grants from
private sources in whatever manner is available to public school
districts.
6.17.11 An
open-enrollment public charter school shall have a right of first refusal to
purchase or lease for fair market value a closed public school facility or
unused portions of a public school facility located in a public school district
from which it draws students if the public school district decides to sell or
lease the public school facility.
6.17.11.1
The public school district may not require lease payments that exceed the fair
market value of the property.
6.17.11.2 The application of this Section
6.17.11 is subject to the rights of a repurchase under Ark. Code Ann. §
6-13-103 regarding property taken
by eminent domain.
6.17.11.3 A
public school district is exempt from the requirements of this Section 6.17.11
if the public school district, through an open bid process, receives and
accepts an offer to lease or purchase the property from a purchaser other than
the open-enrollment public charter school for an amount that exceeds the fair
market value.
6.17.11.4 The
purposes of this Section 6.17.11 are to:
6.17.11.4.1 Acknowledge that taxpayers
intended a public school facility to be used as a public school; and
6.17.11.4.2 Preserve the option to continue
that use.
6.17.11.5
Nothing in this Section 6.17.11 is intended to diminish the opportunity for an
Arkansas Better Chance program to bid on the purchase or lease of the public
school facility on an equal basis as the open-enrollment public charter school.
Source: Ark. Code Ann. § 6-23-501 as amended by Acts 989 and 993 of 2011
6.18 Source of Funding for Open-Enrollment
Public Charter Schools
6.18.1 Open-enrollment
public charter schools shall be funded each year through funds set aside from
funds appropriated to state foundation funding aid in the Public School
Fund.
6.18.2 The amount set aside
shall be determined by the State Board.
Source: Ark. Code Ann. § 6-23-502
6.19 Use of Funding by
Open-Enrollment Public Charter Schools
6.19.1
An open-enrollment public charter school may not use the moneys that it
receives from the state for any sectarian program or activity or as collateral
for debt.
6.19.2 No indebtedness of
any kind incurred or created by the open-enrollment public charter school shall
constitute an indebtedness of the state or its political subdivisions, and no
indebtedness of the open-enrollment public charter school shall involve or be
secured by the faith, credit, or taxing power of the state or its political
subdivisions.
6.19.3 Every contract
or lease into which an open-enrollment public charter school enters shall
include the wording of Section 6.19.2 of these rules.
Source: Ark. Code Ann. § 6-23-503
6.20 Employee Benefits:
Employees of an open-enrollment public charter school shall be eligible to
participate in all benefits programs available to public school employees.
Source: Ark. Code Ann. § 6-23-504
6.21 Deposit and Management of
Charter School Funds
6.21.1 All charter
school funds, including state foundation funding, other state funding, federal
funding, and grants and private donations received directly by a charter
school, shall be deposited into a bank account titled in the name of the
charter school.
6.21.2 Non-charter
school funds of the sponsoring entity shall be deposited in a separate bank
account titled in the name of the sponsoring entity and shall not be commingled
with charter school funds.
6.21.3
If the charter school operates an approved federal child nutrition program,
food service revenues shall be deposited and managed as required by federal law
and by any regulations promulgated by the Arkansas Department of Education
Child Nutrition Unit or the Arkansas Department of Human Services.
6.21.4 Charter schools may, but are not
required to, secure bank accounts as detailed in Ark. Code Ann. §
6-20-222.
6.22 Assets of Open-Enrollment Public Charter
School as Property of State
6.22.1 Upon
dissolution of the 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 in real property, purchased with public funds
shall be deemed the property of the state, unless otherwise specified in the
charter of the open-enrollment public charter school.
6.22.2 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
Department of Education may require that the property be sold.
6.22.3 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.
Source: Ark. Code Ann. § 6-23-506
6.23 Authorizer Hearing
Procedures Related to Open-Enrollment Public Charter Schools (Application,
Renewal, or Request for Charter Amendment)
6.23.1 All persons, with the exception of the
attorneys representing the parties, who plan to provide testimony during the
hearing must be sworn by a certified court reporter.
6.23.2 The open-enrollment public charter
school or applicant shall have twenty (20) minutes to present its case to the
authorizer for approval of the proposed open-enrollment public charter school
application, renewal, or request. The Chair of the authorizing body may grant
additional time, if necessary.
6.23.3 Parties opposed to the open-enrollment
public charter school application, renewal, or request, if any, shall have
twenty (20) minutes to present its case to the authorizer for disapproval of
the proposed open-enrollment public charter school application, renewal, or
request. The Chair of the authorizing body may grant additional time, if
necessary.
6.23.4 The
open-enrollment public charter school or applicant shall have five (5) minutes
to respond to any arguments in opposition to the open-enrollment public charter
school application, renewal, or request. The Chair of the authorizing body may
grant additional time, if necessary.
6.23.5 The authorizer will follow the
presentation with discussion of the open-enrollment public charter school
application, renewal, or request, and questions, if any, to the open-enrollment
public charter school or applicant, opposing parties, or both.
6.23.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
6.23.7 The
authorizer may defer the vote to approve or disapprove a charter application,
renewal, or request in order to allow a public charter school or applicant to
make modifications or receive technical assistance to correct deficiencies in
the application, renewal, or request.
6.23.8 During the roll call vote on each
open-enrollment public charter initial application, if a particular member of
the authorizing body votes against the initial application, that member should
state his or her reasons for disapproval as necessary to comply with Ark. Code
Ann. §
6-23-305.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.24 Authorizer Hearing Procedures Related to
Open-Enrollment Public Charter Schools (Modification, Probation or Revocation
of Charter)
6.24.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the open-enrollment public charter
school.
6.24.2 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
6.24.3 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of an
open-enrollment public charter school charter. The Chair of the authorizing
body may grant additional time, if necessary.
6.24.4 The open-enrollment public charter
school shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the
open-enrollment public charter school charter. The Chair of the authorizing
body may grant additional time, if necessary.
6.24.5 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the open-enrollment public
charter school, or both.
6.24.6 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.25 Charter School Facilities
An open-enrollment public charter school shall not commence operations with students in any new or renovated facility unless the school has obtained for the new construction or renovation:
6.25.1 A certificate of occupancy issued by a
local code official approved by the state fire marshal;
6.25.2. A certificate of occupancy or other
approval of the state fire marshal; or
6.25.3 A certificate of substantial
completion issued by a licensed architect.
7.00 RULES APPLICABLE TO LIMITED PUBLIC CHARTER SCHOOLS
7.01 Any public
school may apply to the Department of Education for limited public charter
school status for alternative comprehensive staffing and compensation programs
designed to enhance student and teacher performance and improve employee
salaries, opportunities, and incentives, to be known as a "limited public
charter school." The authorizer shall not approve an application for limited
public charter school status that has not first been approved by the school
district's board of directors.
7.02
A limited public charter school shall be for the purpose of instituting
alternative staffing practices in accordance with a schedule approved by the
authorizer.
7.03 A limited public
charter school shall be initially established for no more than five (5) years
and may be renewed on a one-year or multiyear basis, not to exceed five (5)
years per charter renewal.
7.04 The
application for a limited public charter school shall:
7.04.1 Contain the provisions of Title 6 of
the Arkansas Code and the specific rules and regulations promulgated by the
State Board from which the limited public charter school will be exempt.
7.04.1.1 The provisions from which the public
school district may be exempt for the limited public charter school only shall
be limited to the following:
7.04.1.1.1 The
duty-free lunch period requirements set forth in Ark. Code Ann. §
6-17-111;
7.04.1.1.2 The daily planning period
requirements set forth in Ark. Code Ann. §
6-17-114;
7.04.1.1.3 The committee on personnel
policies requirements set forth in Ark. Code Ann. §
6-17-201 et seq., and
7.04.1.1.4 Standards for accreditation set
forth in the Arkansas Code, set forth by the Department of Education, or set
forth by the State Board of Education.
7.04.1.2 No limited public charter school may
be allowed an exemption that would allow a full-time licensed employee to be
paid less than the salary provided in the public school district's salary
schedule for that employee;
7.04.2 Describe a plan for school improvement
that addresses how the limited public charter school will improve student
learning and meet the state education goals;
7.04.3 Describe how the licensed employees at
the limited public charter school will be involved in developing and
implementing the school performance plan set forth in Section 7.04.2 of these
rules and in identifying performance criteria;
7.04.4 Outline proposed performance criteria
that will be used during the initial five-year 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; and
7.04.5 Be reviewed as a regular agenda item
and approved after sufficient public comment by the local school board and the
authorizer.
7.05 Any
application to obtain limited public charter school status approved by a local
school board shall be forwarded by the local school board to the
authorizer.
7.06 If a local school
board does not approve a public school's application, the local school board
shall inform the applicants and faculty of the public school of the local
school board's reasons for not approving the application.
7.07 A licensed teacher employed by a public
school in the year immediately preceding the effective date of a limited public
charter for a limited public charter school within that public school district
may not be transferred to or be employed by the limited public charter school
over the licensed teacher's objections, nor shall that objection be used as a
basis to deny continuing employment within the public school district in
another public school at a similar grade level.
7.08 If the transfer of a teacher within a
public school district is not possible because only one (1) public school
exists for the teacher's certification level, then the local school board shall
call for a vote of the licensed teachers in the proposed limited public charter
school site and proceed, at the local school board's option, with the limited
public charter school application if a majority of the licensed teachers
approve the proposal.
7.09 A
licensed teacher choosing to join the staff of a limited public charter school
shall be employed by the district by a written contract as set forth in Ark.
Code Ann. §
6-13-620(5), with
the contract being subject to the provisions of the Teacher Fair Dismissal Act
of 1983, Ark. Code Ann. §
6-17-1501 et seq.
7.09.1 The licensed teacher shall also enter
into a separate supplemental contract specifically for the teacher's employment
in the limited public charter school, with the supplemental contract being
exempt from the Teacher Fair Dismissal Act of 1983, Ark. Code Ann. §
6-17-1501 et seq., and from Ark.
Code Ann. §
6-17-807.
7.09.2 Termination of the supplemental
contract shall not be used as a basis to deny continued employment of the
teacher within the public school district in another public school at a similar
grade level.
7.10
Limited public charter schools shall be evaluated annually by the Department of
Education based on criteria approved by the authorizer, including without
limitation:
7.10.1 Student performance data
in order to determine progress in student achievement that has been achieved by
the limited public charter school; and
7.10.2 The limited public charter school's
compliance with Ark. Code Ann. §
6-23-107 and Section 4.05 of these
rules.
7.10.3 The Department of
Education shall annually report its evaluation to the State Board and the
Commissioner of Education.
7.10.4
Based upon that evaluation, the authorizer may revoke a limited public charter.
Source: Ark. Code Ann. § 6-23-601 as amended by Act 993 of 2011
7.11 Authorizer Hearing Procedures Related to
Limited Public Charter Schools (Application, Renewal, or Request for Charter
Amendment)
7.11.1 All persons, with the
exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
7.11.2 The limited public
charter school or applicant shall have twenty (20) minutes to present its case
to the authorizer for approval of the proposed limited public charter school
application, renewal, or request. The Chair of the authorizing body may grant
additional time, if necessary.
7.11.3 Parties opposed to the limited public
charter school application, renewal, or request, if any, shall have twenty (20)
minutes to present its case to the authorizer for disapproval of the proposed
limited public charter school application, renewal, or request. The Chair of
the authorizing body may grant additional time, if necessary.
7.11.4 The limited public charter school
applicant shall have five (5) minutes to respond to any arguments in opposition
to the limited public charter school application, renewal, or request. The
Chair of the authorizing body may grant additional time, if
necessary.
7.11.5 The authorizer
will follow the presentation with discussion of the limited public charter
school application, renewal, or request and questions, if any, to the limited
public charter school or applicant, opposing parties, or both.
7.11.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
7.12 Authorizer Hearing Procedures Related to
Limited Public Charter Schools (Modification, Probation or Revocation of
Charter)
7.12.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the limited public charter
school.
7.12.1 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
7.12.2 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of a limited
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
7.12.3 The limited public charter school
shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the limited
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
7.12.4 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the conversion public charter
school, or both.
7.12.5 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
8.00 RULES APPLICABLE TO THE CLOSURE OR DISSOLUTION OF PUBLIC CHARTER SCHOOLS
8.01 Required Notices
8.01.1 No later than fifteen (15) days after
the authorizer votes to non-renew or revoke the charter, or the charter
otherwise dissolves, the charter school or sponsoring entity shall furnish to
the Department of Education:
8.01.1.1 A
complete inventory of all personal property, real property, equipment, and
fixtures owned or financed by the charter school, with documentation showing a
description of each asset, serial number, tag number, location, estimated
value, any encumbrance on the asset including recorded security interest or
lien, and the source of funds for each purchase;
8.01.1.2 The account number and financial
institution contact information for every account in which the charter school
or sponsoring entity deposited any state or federal funds at any time, and
complete bank statements for the twelve (12) months preceding the effective
date of closure;
8.01.1.3 A
complete list of all debts or obligations owed by the charter school and still
outstanding as of the effective date of closure, including all outstanding
checks or warrants;
8.01.1.4 A
complete list of all accounts receivable owed to the charter school and still
outstanding as of the effective date of closure; and
8.01.1.5 Complete contact information for
every member of the charter school's board or governing entity.
8.01.2 If the authorizer votes to
non-renew or revoke the charter, or the charter otherwise dissolves, the
charter school or sponsoring entity shall, on a timeline established by the
Department, send written notice of closure, as approved by the Department, to:
8.01.2.1 The parents and legal guardians of
all students;
8.01.2.2 All
employees of the charter school;
8.01.2.3 All creditors of the charter school;
and
8.01.2.4 Every school district
in which any students of the charter school reside.
8.01.3 Every notice sent pursuant to Section
8.01.2 above must include:
8.01.3.1 The
effective date of closure and last day of regular instruction; and
8.01.3.2 Contact information of the person
employed or retained by the charter school or sponsoring entity to handle
inquiries regarding the closure.
8.01.4 Parental notices sent pursuant to
Section 8.01.2 must additionally include:
8.01.4.1 The student's school district of
residence, and the contact information for that district's enrollment
office;
8.01.4.2 A statement that
parents should contact the resident school district or any charter school where
the student intends to enroll and should ask that school or district to request
transfer of the student's educational records from the closing charter school;
and
8.04.4.3 Contact information
for the individual or entity charged with storage of student records after the
school's closure.
8.01.5
Employee notices sent pursuant to Section 8.01.2 must additionally include the
date of termination of all employee benefits (health insurance, etc.), along
with any COBRA or other documentation required by law.
8.01.6 The deadline for any notice required
by this Section may be extended by the Department of Education Charter School
Office for good cause.
8.02 Assets of Open-Enrollment Public Charter
School as Property of State
8.02.1 Upon the
dissolution, non-renewal, or revocation of an open-enrollment public charter,
all net assets of the open-enrollment public charter school purchased with
public funds, including any interest in real property, shall be deemed the
property of the state, unless otherwise specified in the charter or by federal
law.
8.02.2 The Commissioner of
Education or his or her designee shall take all steps necessary to protect and
recover any and all state assets in the possession or control of the former
charter school or the sponsoring entity.
8.02.2.1 If any state or federal funds remain
in any bank account(s) titled in the name of the charter school or sponsoring
entity, the Commissioner of Education or his or her designee shall notify the
financial institution that the account(s) holds state or federal funds and
shall direct that the account(s) be immediately frozen, subject to further
direction by the Commissioner or his or her designee.
8.02.2.2 Any funds remaining in any bank
account(s) titled in the name of the charter school shall be presumed to be
state or federal funds until such time as the sponsoring entity furnishes
documentation showing otherwise.
8.02.2.3 The Commissioner or his or her
designee shall secure and arrange for the recovery and storage of all personal
property, equipment, and fixtures purchased or financed in whole or in part
with any state or federal funds. Any personal property or equipment contained
within the charter school facility shall be presumed to have been purchased or
financed in whole or in part with state or federal funds until such time as the
sponsoring entity furnishes documentation showing otherwise.
8.02.2.4 At all times, the charter school,
the sponsoring entity, and their officers, agents, and employees, must protect
the school's assets against theft, misappropriation, and
deterioration.
8.03 Distribution of Property
8.03.1 Upon the dissolution, non-renewal, or
revocation of an open-enrollment public charter, the following property shall
be sold, unless the Commissioner of Education determines otherwise:
8.03.1.1 Real property or fixtures purchased
or financed in whole or in part by the open-enrollment public charter school
with state funds;
8.03.1.2 Real
property or fixtures purchased or financed in whole or in part by the
sponsoring entity with federal grant funds administered by the Department of
Education, unless federal law requires some other method of
distribution;
8.03.1.3 Personal
property encumbered by a recorded security interest or lien and purchased or
financed by the open-enrollment public charter school in whole or in part with
state funds;
8.03.1.4 Personal
property purchased or financed in whole or in part with state funds by an
open-enrollment public charter school that never received federal funds and
never directly benefited from a federal grant administered by the Department of
Education; and
8.03.1.5 Any other
personal property not distributed as provided by Sections 8.03.3 and 8.03.4
below.
8.03.2 The state
has a perfected priority security interest in the net proceeds from the sale or
liquidation of property sold pursuant to Section 8.03.1 above to the extent of
the public funds used in the purchase. For the purpose of this section, "net
proceeds" means the sale proceeds remaining after the satisfaction of all lien,
security, ownership, or other interests that supersede the state's
interest.
8.03.3 If the
open-enrollment public charter school at any time operated an approved federal
child nutrition program, all commodities and foodservice equipment purchased in
whole or in part with federal funds or with nutrition program revenues shall be
sold or transferred as directed by the Arkansas Department of Education Child
Nutrition Unit.
8.03.4 If the
open-enrollment public charter school or its sponsoring entity received a
federal grant administered by the Department of Education, then all other
personal property, including furniture, equipment and supplies, purchased with
state or federal funds may be redistributed to other Arkansas public charter
schools or traditional public schools as allowed by federal law.
8.04 Distribution of Funds
8.04.1 Upon the dissolution, non-renewal, or
revocation of an open-enrollment public charter, the Commissioner of Education
or his or her designee shall assert control over any funds deemed the property
of the state under Section 8.02 above.
8.04.2 In order to comply with federal and
state law, the Commissioner of Education shall use such funds to satisfy the
following obligations of the charter school in the order listed:
8.04.2.1 Domestic support obligations
withheld from an employee's wages in compliance with a court order prior to the
effective date of dissolution, non-renewal, or revocation;
8.04.2.2 Federal tax liens imposed by the
Internal Revenue Code for taxes or payroll tax withholding owed;
8.04.2.3 Any state tax lien or certificate of
indebtedness issued by the Arkansas Department of Finance and Administration
for taxes or payroll tax withholding owed;
8.04.2.4 Any debt owed to the Arkansas
Department of Education Child Nutrition Unit for penalties or reimbursement of
overpayments;
8.04.2.5 Any debt
owed to the Department of Education or other state agency for reimbursement of
any other overpayment of federal funds;
8.04.2.6 Unpaid contributions to the Arkansas
Teacher Retirement System accrued prior to the effective date of dissolution,
non-renewal, or revocation;
8.04.2.7 Unpaid contributions to the Employee
Benefits Division of the Arkansas Department of Finance & Administration
accrued prior to the effective date of dissolution, non-renewal, or revocation;
and
8.04.2.8 Unpaid employee wages
accrued prior to the effective date of dissolution, non-renewal, or revocation
in accordance with the school's salary schedule in effect as of the beginning
of the current school year.
8.04.3 Any remaining funds deemed the
property of the state under Section 8.02 above shall be deposited into the
State Treasury to the credit of the Department of Education Public School Fund
Account.
8.05
Distribution of Records
8.05.1 The charter
school or sponsoring entity must promptly submit all student records to the
transfer school, including:
8.05.1.1
Individualized Education Programs (IEPs) and all records regarding special
education and supplemental services;
8.05.1.2 Student health / immunization
records;
8.05.1.3 Attendance
records;
8.05.1.4 Testing
materials, including scores, test booklets, etc. required to be maintained by
the School; and
8.05.1.5 All other
student records.
8.05.1.6 All
end-of-school-year grades and evaluations must be completed and made part of
the student records, including any IEP, Committee on Special Education
meetings, or progress reports.
8.05.1.7 To the extent that testing scores,
etc. are scheduled to arrive after the school closure, arrangements should be
made with the testing agent to forward such material to the transfer
school.
8.05.2 No later
than thirty (30) days after closure or dissolution of the charter, the charter
school or sponsoring entity shall send each employee of the charter school:
8.05.2.1 Copies of his or her contracts,
evaluations, recommendation letters, and any other proof of employment and/or
termination;
8.05.2.2 Documentation
of staff development hours; and
8.05.2.3 Notice that employees must keep this
documentation for their records as the state will have no way of providing
proof of employment after the school is closed.
8.05.3 If the charter school operated an
approved federal child nutrition program, all child nutrition records shall be
delivered to the Arkansas Department of Education Child Nutrition Unit on a
schedule established by the Unit.
8.05.4 Any student records remaining in the
possession of the charter school or sponsoring entity, or in the possession of
any other entity or individual designated by the charter school or sponsoring
entity, shall be maintained in a manner sufficient to protect student privacy
rights in accordance with the Federal Educational Rights and Privacy Act of
1974, as amended.
8.05.5 The
sponsoring entity shall maintain all relevant corporate or governance records
for at least five (5) years after the effective date of closure, specifically
including but not limited to:
8.05.5.1 All
board minutes, policies, and bylaws of the charter school board or governing
entity;
8.05.5.2 Bonds, mortgages,
loan agreements, and all other financing instruments;
8.05.5.3 Lease agreements;
8.05.5.4 Accounting and bank
records;
8.05.5.5 Payroll and tax
records as required by federal law;
8.05.5.6 Grant records as specified by 34
C.F.R. § 80.42 or other relevant federal or state law; and
8.05.5.7 Any other document required by law
to be maintained.
9.00 DEPARTMENT OF EDUCATION AS PUBLIC CHARTER AUTHORIZER
9.01 The Department
of Education is the designated public charter authorizer with jurisdiction and
authority over all public charters issued in this state to take the following
action on a proposed or established public charter:
9.01.1 Approve;
9.01.2 Reject;
9.01.3 Renew;
9.01.4 Non-renew;
9.01.5 Place on probation;
9.01.6 Modify;
9.01.7 Revoke; or
9.01.8 Deny.
9.02 The department shall exercise authority
over public charter schools under Title 6, Chapter 23 of the Arkansas Code and
these rules through a public charter authorizing panel established within the
department.
9.02.1 The Commissioner of
Education shall appoint a public charter authorizing panel that consists of
professional staff employed at the department to serve at the pleasure of the
commissioner.
9.02.2 The
commissioner may elect to serve as a member on the charter authorizing panel as
the chair.
9.02.3 The public
charter authorizing panel is composed of an odd number of members and consists
of no less than five (5) members and no more than eleven (11)
members.
9.03 The
department may waive provisions of Title 6 of the Arkansas Code or State Board
of Education rules as allowed by law for public charters.
9.04 The department shall conduct all
hearings on public charter school matters as required by law, rule, and process
and make final determinations as allowed by law.
9.04.1 A hearing under Title 6, Chapter 23 of
the Arkansas Code and these rules conducted by the department shall be an open
meeting under the Freedom of Information Act of 1967, Ark. Code Ann. §
25-19-106.
9.04.2 For the purposes of Ark. Code Ann.
§
25-19-106, the members of the
public charter authorizing panel shall be considered a governing body only in
regards to actions specifically authorized by Title 6, Chapter 23, Subchapter 7
of the Arkansas Code and these rules.
9.04.3 All decisions of the panel shall be
made by a majority vote of the quorum.
9.04.4 A decision of the department is final
except as provided under Ark. Code Ann. §
6-23-703 and Section 10.00 of these
rules.
9.04.5 The Arkansas
Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et seq. shall not apply
to a hearing concerning a public charter school.
9.05 The department shall be the primary
authorizer of public charters except as provided under Ark. Code Ann. §
6-23-703 and Section 10.00 of these
rules.
9.06 The department shall
notify in writing the State Board, charter applicant, public charter school,
and affected school districts, if any, of final decisions made by the
department no less than fourteen (14) calendar days before the next regularly
scheduled State Board meeting after the final decision is made by the
department.
9.06.1 A charter applicant,
public charter school, and affected school district, if any, may submit in
writing a request that the State Board review the final decision of the
department under Ark. Code Ann. §
6-23-703 and Section 10.00 of these
rules.
9.06.2 The written request
submitted under Section 9.06.1 of these rules shall state the specific reasons
supporting a review by the State Board.
9.06.3 The decision of whether to review a
final decision of the department is discretionary by the State Board and the
provisions of this section and Ark. Code Ann. §
6-23-703 do not grant any right of
appeal to a charter applicant, public charter school, or affected school
district.
Source: Ark. Code Ann. § 6-23-701 through 6-23-702.
10.00 STATE BOARD OF EDUCATION OPTIONAL REVIEW
10.01 On a motion approved by a majority
vote, the State Board may exercise a right of review of a charter determination
made by the department at the next regularly scheduled State Board meeting
after receiving notice provided under Ark. Code Ann. §
6-23-702(b) and
Section 9.06 of these rules.
10.02
If the State Board votes to review a final decision made by the department, the
State Board shall:
10.02.1 State the specific
additional information the State Board requires from the department, public
charter school, public charter school applicant, or affected school
district.
10.02.2 Conduct a full
hearing regarding a final decision made by the department under Ark. Code Ann.
§
6-23-701(a) and
Section 9.04 of these Rules; and
10.02.3 Hold the hearing at the earlier of:
10.02.3.1 The next regularly scheduled State
Board meeting following the State Board meeting during which the State Board
voted to authorize a review; or
10.02.3.2 A special board meeting called by
the State Board.
10.03 At the conclusion of the hearing, the
State Board may issue a final decision by State Board vote.
10.03.1 The State Board may decide by a
majority vote of the quorum to:
10.03.1.1
Affirm the decision of the department;
10.03.1.2 Take other lawful action on the
public charter;
10.03.1.3 Request
additional information from the department, public charter school, public
charter school applicant, or affected school district, if needed.
10.03.1.4 If the State Board requests
additional information under Ark. Code Ann. §
6-23-703(c)(2)(C)(i)
or Section 10.03.1.3 of these Rules, the State Board shall hold a subsequent
hearing at the earlier of the next regularly scheduled State Board meeting or a
special board meeting called by the State Board.
10.03.2 A decision made by the State Board is
final with no right of appeal.
Source: Ark. Code Ann. § 6-23-703
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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