A. Before the first day of the fiscal year in
which a charter holder must begin providing educational instruction, the
charter holder, if eligible under subsection (B), may submit to the Board a
written request for a good-cause suspension of the charter.
1
B. A
charter holder is eligible to apply for a good-cause suspension of the charter
if:
a.
1.
The charter holder has not been granted a good-cause extension to execute the
charter,
b.
2. The charter holder has not begun providing
educational instruction under the charter, and
c.
3. The charter holder
has not received or has returned state equalization or other state or federal
funding for which provision of instruction is a requirement of receipt.
2.
C. The charter holder shall ensure the written request
for a good-cause suspension of a charter:
a.
1. Explains and
provides evidence for why the charter holder is unable to implement the plans
contained in the application package and begin providing educational
instruction as required under
R7-5-205(C) ;
b.
2.
Explains the charter holder's new timeline for implementing the plans contained
in the application package and why the new timeline is viable and adequate to
enable the charter holder to operate a charter school in accordance with the
charter and performance expectations established by the Board ; and
c.
3.
Provides clear and specific action steps with target completion dates that will
enable the charter holder to implement the plans contained in the application
package in accordance with the new timeline and the requirements of
R7-5-205(C)(1).
3.
D. The Board shall grant a good-cause suspension of a
charter if the charter holder demonstrates good cause. When deciding whether
the charter holder demonstrates good cause, the Board shall consider:
1. Whether the charter holder is eligible
under subsection (B) for a good-cause suspension of a charter;
a.
2. The
timeliness of the request for a good-cause suspension of a charter and the
proposed extension date;
b.
3. The viability of the
charter holder's new timeline for implementing the plans contained in the
application package;
c.
4. Whether the new timeline is adequate to begin
providing educational instruction as required under
R7-5-205(C)(1)
and complies with the plans contained in the application package;
d.
5. The
circumstances the charter holder indicates affected the charter holder's
ability to begin providing educational instruction as required under
R7-5-205(C) ;
e.
6.
Whether there have been changes in the principals of the charter holder;
and
f.
7. The extent to which the charter holder is in
compliance with all applicable federal, state, and local laws and terms of the
charter.
4.
E. The Board shall not grant more than one good-cause
suspension of a particular charter to any charter holder.
5. A charter holder who is granted
a good cause suspension may execute and submit an amendment to the charter
indicating a new effective date which shall conform to the date on which the
charter holder shall begin providing educational instruction.
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F. A charter holder granted a good-cause suspension of
the charter shall not apply to receive any state equalization or other state or
federal funding for which provision of instruction is a requirement of receipt
until the fiscal year in which the charter holder plans to begin providing
educational instruction. The holder of a suspended charter shall promptly
return any funding it receives before the fiscal year in which it begins
providing educational instruction.
7.
G. A charter holder
granted a good-cause suspension of a charter shall begin providing educational
instruction as required by
R7-5-205(C) .
If a charter holder does not begin providing educational instruction as
required, the Board shall issue the charter holder a notice of intent to revoke
the charter in accordance with A.R.S. §
15-183(I).
