Ariz. Admin. Code § R7-5-303 - Charter Amendment Requests

A. A change to a charter requires the consent of both the Board and charter holder. To obtain the Board's consent to a change to a charter, the charter holder shall submit a charter amendment request to the Board.

B. A charter holder shall not act in a manner contrary to the terms of the charter without obtaining the Board's prior consent to the change.

C. The Board shall make available on its web site instructions regarding eligibility and submissions requirements for each amendment request listed under subsection (D).

D. The Board shall accept requests for the following charter amendments:

1. Add or remove a grade level to a charter;

2. Addition of or change to an Arizona Online Instruction Program of Instruction; as expressly authorized under A.R.S. § 15-183(X), the Board shall charge a non-refundable processing fee of $3,000 for each grade category involved in the charter amendment request;

3. Change in charter holder entity name;

4. Change in legal status of the charter holder;

5. Change of entity that holds the charter;

6. Change in charter mission;

7. Increase or decrease the number of annual instructional days;

8. Change in program of instruction including methods of instruction, criteria for promotion, and graduation requirements;

9. Exception from state procurement requirements;

10. Exception from the Uniform System of Financial Records for Charter Schools;

11. Change charter holder governance;

12. Change the mailing or physical address of the charter holder;

13. Change charter representative;

14. Increase or decrease the number of students the charter holder may serve;

15. Add a charter school to an existing charter;

16. Close a charter school under an existing charter;

17. Change membership of a charter school governing body;

18. Change the name of a charter school;

19. Change the mailing or physical address of a charter school;

20. Increase or decrease the grades served at a particular charter school; and

21. Transfer of a charter school from the current charter to another existing charter with the same educational program and financial and operational processes.

E. A charter holder shall submit an amendment request listed under subsection (D) to the Board electronically through the Board's web-based interface. The Board shall not accept a paper amendment request unless agreed to by Board staff and the charter holder before the amendment request is submitted.

F. As required under A.R.S. § 41-1073, the Board establishes the following time frames for approving or disapproving a charter amendment request:

1. Administrative review time frame: 20 days;

2. Substantive review time frame: 40 days; and

3. Overall time frame: 60 days.

G. To determine the date on which the Board will approve or disapprove an amendment request listed under subsection (D), the charter holder shall consult the Board's meeting and submission-deadline schedule, which is posted on the Board's website and the Board's web-based interface.

H. The Board shall provide the charter holder at least 72-hours' written notice of the date, time, and location of the Board meeting at which the Board will consider the charter holder's administratively and substantively complete amendment request. The charter holder shall attend the Board meeting.

I. The Board has delegated to staff authority to approve charter amendment requests listed under subsection (D) for which the standards for approval can be applied without the exercise of discretion.

Notes

Ariz. Admin. Code § R7-5-303

New Section made by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exempt rulemaking at 26 A.A.R. 3245, effective 11/20/2020.