A. Before the Board determines a charter
holder is not in compliance with its charter, other contractual agreements with
the Board, federal or state laws, or this Chapter and decides whether to impose
charter oversight, the Board shall provide notice to the charter
holder.
B. The Board shall provide
the charter holder with at least 72-hours' notice of the date, time, and
location of the meeting at which the Board will decide whether to impose
charter oversight. The Board shall include in the notice the purpose of the
meeting and why the Board is considering imposing charter oversight.
C. In determining the appropriate charter
oversight action to take, the Board shall consider the following, as
applicable:
1. Threat to the health or safety
of children;
2. Whether the charter
holder's historical compliance record indicates repeated or multiple breaches
of the provisions of its charter, other contractual agreements with the Board,
federal or state laws, or this Chapter;
3. Whether the charter holder has failed to
meet the minimum academic performance expectations specified under
R7-5-401 ;
4. Length of time the
issue has been occurring;
5. The
charter holder's compliance with and response to Board investigation by
providing necessary information and documentation within requested time
frames;
6. Whether there has been a
misuse of funds; and
7. Any other
factor that bears on the charter holder's ability and willingness to comply
with its charter, other contractual agreements with the Board, federal and
state laws, and this Chapter.
B.
D. Charter oversight actions available to the Board
include, but are not limited to the following:
1. Imposing a civil penalty, as authorized
under A.R.S. §
15-185
and described under
R7-5-604 ;
2.
Requesting the Department withhold up to 10 percent of a charter holder's
monthly state aid as authorized under A.R.S. §
15-185
and described under
R7-5-605 and requiring the charter holder to submit a CAP
as described under
R7-5-510 ;
3.
Entering into a consent agreement with a charter holder as described under
R7-5-606 ;
a.
Describes each offense;
b.
Stipulates the facts agreed to by the Board and the
charter holder;
c.
Specifies the actions the charter holder must take
to demonstrate compliance and avoid further disciplinary
action;
d.
Provides a timeline for the charter holder to
complete the actions specified in the consent agreement;
e.
Stipulates that if the charter holder fails to
comply with the terms and conditions of the consent agreement, the Board may,
after giving the number of days notice specified in the consent agreement, hold
a hearing at which the Board receives information to determine whether evidence
exists that the charter holder has failed to comply with the consent agreement.
If the Board determines that the charter holder has breached the consent
agreement, the Board may revoke the charter holder's charter;
and
f.
Is approved by the Board and the charter holder and
signed by the Board president or designee and the authorized
representative;
4.
Issuing a notice of intent to revoke a charter as authorized under A.R.S.
§
15-183
and described under
R7-5-607 . and
5. Revoking a charter as authorized under
A.R.S. §
15-183
and described under
R7-5-607.
