3.00
DEFINITIONS
3.01 "Academic Eligibility" means qualified
for selection or admission based upon academic performance.
3.02 "Adult education charter school" means a
charter school for individuals at least nineteen (19) years of age that offers
a high school diploma program and an industry certification program
simultaneously to students.
3.03
"Affected School District" means each public school district from which an
openenrollment public charter school or adult education 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 or adult education
public charter school will be located; and each public school district that is
contiguous to the public school district in which the open-enrollment or adult
education public charter school will be located.
3.04 "Athletic Eligibility" means qualified
for selection or admission based upon athletic performance or upon athletic
eligibility requirements set forth by the Arkansas Activities
Association.
3.05 "Application"
means the proposal by a public-school district or eligible entity for obtaining
conversion public charter school status or open-enrollment public charter
school status.
3.06 "Authorizer"
means an entity that authorizes a charter, which may be either the:
3.06.1 Division of Elementary and Secondary
Education; or
3.06.2 State Board of
Education acting under Ark. Code Ann. §
6-23-703
and Section 10.0 of these rules.
3.07 "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.
3.08 "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. 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.
3.09 "Charter school
office" means the Division of Elementary and Secondary Education's Charter
School Office.
3.10 "Commissioner"
means the Commissioner of Elementary and Secondary Education.
3.11 "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.
3.12 "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. Debt does not
include multi-year service contracts for equipment as long as the contract
length does not exceed the current charter term.
3.13 "Division" means the Arkansas Department
of Education's Division of Elementary and Secondary Education, unless otherwise
specified.
3.14 "Eligible entity"
means:
3.14.1 A public institution of higher
education;
3.14.2 A private
nonsectarian institution of higher education;
3.14.3 A governmental entity; or
3.14.4 An organization that:
3.14.4.1 Is nonsectarian in its program,
admissions policies, employment practices, and operations, and
3.14.4.2 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.
3.15 "Founding member" means any individual
who is either:
3.15.1 A member or an employee
of the eligible entity applying for the initial charter for an open-enrollment
public charter school; or
3.15.2 A
member of the initial governing non-advisory board of the openenrollment public
charter school.
3.16
"Letter of Intent" means a written notice submitted to the 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 Division of Elementary and
Secondary Education.
3.17 "License"
means the authority granted by the authorizer to an already-existing
open-enrollment or adult education public charter sponsoring entity for the
purpose of establishing another open-enrollment or adult education public
charter school(s) provided the applicant for a charter license(s) meets the
following minimum conditions:
(1) maintains
an existing open-enrollment or adult education public charter school charter
from the authorizer; and
(2) meets
the requirements of Section 6.05 or Section 11.03 of these rules.
3.18 "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.
3.19 "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.
3.20
"Open-enrollment public charter school" means a public school that:
3.20.1 Is operating under the terms of a
charter granted by the authorizer on the application of an eligible
entity;
3.20.2 May draw its
students from any public school district in this state; and
3.20.3 Is a local educational agency under
the Elementary and Secondary Education Act of 1965,
20
U.S.C. §
7801, as reauthorized on
December 10, 2015.
3.20.4
"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. §
7221i, as reauthorized on
December 10, 2015.
3.20
"Parent" means any parent, legal guardian, or other person having custody or
charge of a school-age child.
3.21
"Public school" means a school that is part of a public school district under
the control and management of a local school board.
3.22 "Public charter school" means a
conversion public charter school or an openenrollment public charter
school.
3.23 "Sectarian" means of
or relating to a particular religious sect. Source: Black's Law Dictionary,
8
th Ed., 2004.3.2 "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
of ten thousand dollars ($10,000.00) or more in the form of:
3.24.1 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
3.24.2 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 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.
4.01.3 An
open-enrollment charter school shall post the most recent version of its
written contract on the website of the open-enrollment public charter school by
August 1 of each year.
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 openenrollment or adult
education 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
fourteen (14) days after receipt of the request to change the physical location
of a public charter school, the Commissioner may, in writing, require the
public charter school, the local school district and the Division of Elementary
and Secondary 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 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
openenrollment charter school, the open-enrollment 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 or his or her designee
may waive the requirements set forth in Sections 4.02.3 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 or his or her designee. If the
Commissioner, or his or her designee, grants such a waiver, he or she shall
also adjust the resulting deadlines for local school districts and Division of
Elementary and Secondary 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, transfer, assign 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 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 4.03 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,
transferring, assigning, or denying renewal of the public charter school's
charter can be found in these rules as follows:
4.03.3.1 Conversion public charter schools:
Section 5.00.
4.03.3.2
Open-enrollment public charter schools: Section 6.00.
4.03.3.3 Adult Education public charter
schools: Section 11.00.
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.
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 Division of Elementary
and Secondary 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 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 Division of Elementary and Secondary 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 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
4.04.5.5 Not later than
twenty (20) days prior to the authorizer's consideration of a proposed license
for an existing openenrollment 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 Division of Elementary and Secondary 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 Division of Elementary and
Secondary 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 an
openenrollment public charter school if required by the Commissioner 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 openenrollment public charter school; and
4.04.6.6 At any other time as directed by the
authorizer or the Commissioner.
4.04.6.7 The Division of Elementary and
Secondary 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.
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 Education 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.
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 Division of Elementary and
Secondary 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 Education 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 Division of
Elementary and Secondary 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 Educational Support and Accountability Act, Ark. Code Ann. §
6-15-2901 et seq.
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
Division of Elementary and Secondary Education shall not exempt a public
charter school from the reporting required under Section 4.06 of these
rules.
4.06.4 The Division of
Elementary and Secondary Education shall publish a copy of each report on the
division'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 Division of Elementary and Secondary
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
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 Charter School Office shall, at
least annually, post on the Division of Elementary and Secondary Education's
website a list of deadlines for which legally required reports are due from the
public charter school to the Division of Elementary and Secondary
Education.
4.07 Public
Charter Schools Receiving Federal Dissemination Grants from the Division of
Elementary and Secondary Education
4.07.1
Public Charter Schools that receive federal dissemination grant funds from the
Division of Elementary and Secondary Education shall, by July 1 of each year,
provide the 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 Charter School Office will post a link of each
public charter school's best or promising practices on the Division of
Elementary and Secondary 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 Division of Elementary and Secondary
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 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 Charter School Office.
4.08.6 Letter of Intent: Each public charter
school letter of intent shall be submitted by the potential applicant by
electronic means and must be received by the Charter School Office on or before
the established deadline. The Charter School Office may refuse to process or
review any letter of intent not received by the established deadline. The
Charter School Office will electronically acknowledge receipt of received
letters of intent.
4.08.7 Charter
Application: Each public charter school application shall be submitted by the
applicant by electronic means and must be received by the Charter School Office
on or before the established deadline. The Charter School Office may refuse to
process or review any application not received by the established deadline. The
Charter School Office will electronically acknowledge receipt of received
applications.
4.08.8 The Division
of Elementary and Secondary Education shall review the application for a public
charter school and present to the authorizer a written evaluation of the
application. The division'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 Division of Elementary and Secondary Education's evaluation by
an established deadline.
4.08.10
The Division of Elementary and Secondary 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, which may include, without limitation, the implementation of a
community school plan, as defined by Ark. Code Ann. § 6-15-3002;
5.01.2.2 Addressing school improvement status
resulting from sanctions listed in Ark. Code Ann. §§
6-15-207(c)(8)
and 615-2915; 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 promulgated by the State
Board from which the public charter school will be exempt.
5.01.3.8 If the school wishes the authorizer
to designate it as a community school, as defined by Ark. Code Ann. §
6-153002:
5.01.3.8.1 Include a request to be
designated as a community school; and
5.01.3.8.2 Include a community school plan,
as defined by Ark. Code Ann. § 6-153002, which must contain, without
limitation, an initial plan for serving student needs.
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.
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.
5.02.2 The
authorizer may also designate a conversion public charter school as a community
school as defined by Ark. Code Ann. § 6-15-3002 provided that the school
has met the requirements of section 5.01.3.8 of these rules.
5.03 Resubmission of Conversion
Public Charter School Applications
5.03.1 If
the authorizer disapproves an application for a conversion public charter
school, the authorizer shall notify the applicant in writing of the reasons for
the disapproval.
5.03.2 The
Division of Elementary and Secondary Education may provide technical assistance
to the conversion public charter school applicants in the:
5.03.2.1 Creation of its application;
and
5.03.2.2 Modification of its
application as directed by the authorizer.
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.
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 the Chair of the body conducting
the hearing.
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 the 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.
5.06.3.1 Any party in opposition that wishes
to present or participate at the hearing must notify the division's Charter
School Office and the school or applicant in writing no later than ten (10)
business days prior to the hearing.
5.06.3.2 If a party in opposition intends to
use a presentation, handouts, or any other document, it must provide copies to
the Charter School Office and to the school or applicant no later than ten (10)
business days prior to the hearing.
5.06.3.3 A party in opposition that fails to
notify the Charter School Office no later than ten (10) business days prior to
the hearing may only present or participate at the hearing with the permission
of the authorizer.
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 Division of Elementary and Secondary 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 Division of Elementary and
Secondary 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 the Chair of the body conducting the
hearing.
5.07.3 The conversion
public charter school shall have twenty (20) minutes to present its case to the
authorizer 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.
5.07.4 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Division, the conversion public charter school, or
both.
5.07.5 The authorizer may
issue a final decision at the hearing or take the matter under advisement until
a future scheduled meeting.
5.08 A district conversion public charter
school may voluntarily surrender its charter prior to the renewal cycle upon
written request to the Charter School Office and approval by the authorizer.
5.08.1 A written request to surrender its
charter must be received by the Charter School Office no later than thirty-five
(35) days prior to the date of the authorizer meeting at which the request will
be heard.
5.08.2 The authorizer
shall follow the hearing procedure in Section 5.07 of these Rules.
Note: Additional requirements pertaining to hearings involving
the Division of Elementary and Secondary 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
Note: The rules applicable to Adult Education Charter Schools
can be found in Section 11.00 of these Rules.
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 openenrollment 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 openenrollment 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
openenrollment 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, which
may include, without limitation, the implementation of a community school plan,
as defined by § 6-15-3002;
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 in general terms, the area
within the boundaries of the school district where the applicant intends to
obtain a facility to be used for the open-enrollment public charter school.
6.01.6.5.1 If the facility to be used for an
openenrollment 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
openenrollment public charter school and the public school district.
6.01.6.5.2 If the facility that will be used
for the openenrollment 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.
6.01.6.7 If the school
wishes the authorizer to designate it as a community school, as defined by Ark.
Code Ann. § 6-153002:
6.01.6.7.1 Include
a request to be designated as a community school; and
6.01.6.7.2 Include a community school plan,
as defined by Ark. Code Ann. § 6-153002, which must contain, without
limitation, an initial plan for serving student needs.
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.
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 openenrollment 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.
6.03.2 The
authorizer may also designate an open-enrollment public charter school as a
community school as defined by Ark. Code Ann. § 6-15-3002 provided that
the school has met the requirements of section 6.01.6.7 of these
rules.
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 need of Level 5 -
Intensive Support under the Arkansas Educational Support and Accountability
Act, Ark. Code Ann. §
6-15-2901 et seq.;
or
6.04.2.3 When the district has
been classified by the Division of Elementary and Secondary Education as in
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 Division of Elementary and
Secondary Education, State Board, or a combination of the division 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 openenrollment public charter schools is
within two (2) charters of meeting any existing limitation or cap on available
openenrollment 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 Division
of Elementary and Secondary 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.
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 fiscal
distress or in need of Level 5 - Intensive Support;
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 openenrollment public
charter applicant has generally established the educational program results and
criteria set forth in Section 6.05 of these rules.
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 Division of Elementary and
Secondary Education may provide technical assistance to the applicant for an
open-enrollment public charter school in the:
6.06.2.1 Creation of its application;
and
6.06.2.2 Modification of its
application as directed by the authorizer.
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 openenrollment 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 openenrollment
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 the same manner as a board of directors
of a public school district under Ark. Code Ann. §
6-18-510.
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 openenrollment 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 openenrollment public charter school is able to accept by
the annual deadline that the openenrollment public charter school has
established for the receipt of applications for the next school year, the
open-enrollment public charter must require the openenrollment 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 openenrollment 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 and children of fulltime employees and teachers of the eligible entity.
The number of enrollment preferences 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 openenrollment 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.
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.
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 openenrollment
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.
6.10 Status
Report: The authorizer shall report 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 the
following information:
6.10.1 The status of
the open-enrollment public charter school programs; and
6.10.2 A summary of the authorizing
activities in the preceding year, including without limitation, the number and
type of charters approved, denied, and amended.
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;
6.11.1.5.1 Requests for approval of debt must
be submitted to the Commissioner by the openenrollment 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 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.
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;
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;
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; and
6.11.2.8 Reporting
through the Arkansas Public School Computer Network applications as provided
under Title 6 of the Arkansas Code.
6.11.3 An open-enrollment public elementary
charter school is subject to the requirements of Ark. Code Ann. §
6-16-102(a)
concerning recess and may only seek a waiver of those requirements if the
school:
6.11.3.1 Submits to the Division for
approval of an alternative plan for recess that:
6.11.3.1.1 Exceeds the required minimum
amount of minutes combined for physical activity under Ark. Code Ann. §
6-16-132 and
recess under Ark. Code Ann. §
6-16-102(a);
and
6.11.3.1.2 Provides for both
structured and unstructured social time; or
6.11.3.2 Is approved by the division to
operate as a virtual school.
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 An open-enrollment public charter
school shall have a policy concerning whether the open-enrollment public
charter school will enroll students after the deadline established in Ark. Code
Ann. §
6-23-402.
6.12.4 However, if a student enrolled by the
deadline established in Ark. Code Ann. §
6-23-402
should no longer choose to attend the openenrollment 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.
6.12.5 Open-enrollment public charter schools
shall keep records of attendance in accordance with the law and submit
quarterly attendance reports to the Division of Elementary and Secondary
Education.
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 Division of Elementary and Secondary
Education or the Arkansas Legislative Audit.
6.14 Evaluation of Open-Enrollment Public
Charter Schools:
6.14.1 The Division of
Elementary and Secondary 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, the Arkansas Educational
Support and Accountability Act, Ark. Code Ann. §
6-15-2901 et
seq.;
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.
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 Division of
Elementary and Secondary Education.
6.16 Division Review: The Division of
Elementary and Secondary 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 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.
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, the
first year operating under a new license, the first year adding a new campus,
and any year the open-enrollment public charter school adds a new grade at any
campus, 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 Enhanced Student
Achievement 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, the
first year operating under a new license, the first year adding a new campus,
and any year the open-enrollment public charter school adds a new grade at any
campus, free or reduced-price meal eligibility data as reported by October 1 of
the current school year will be used to calculate the enhanced student
achievement 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 enhanced student achievement student count as specified in
State Board rules governing special needs funding will be used to calculate
enhanced student achievement 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, the first year operating under a new license, the first year
adding a new campus, and any year the open-enrollment public charter school
adds a new grade at any campus as follows:
6.17.5.1 For the first year of operation, 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
Division of Elementary and Secondary 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 Division of Elementary
and Secondary 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 Source of Funding for Open-Enrollment
Public Charter Schools
6.17.11.1
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.
6.17.11.2 The amount
set aside shall be determined by the State Board.
6.18 Use of Funding by
Open-Enrollment Public Charter Schools
6.18.1
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.
6.18.2 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.
6.18.3 Every contract
or lease into which an open-enrollment public charter school enters shall
include the wording of Section 6.18.2 of these rules.
6.19 Employee Benefits: Employees of an
open-enrollment public charter school shall be eligible to participate in all
benefits programs available to public school employees.
6.20 Deposit and Management of Charter School
Funds
6.20.1 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.
6.20.2 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.
6.20.3 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 Division of Elementary and Secondary
Education, Child Nutrition Unit or the Arkansas Department of Human
Services.
6.20.4 Charter schools
may, but are not required to, secure bank accounts as detailed in Ark. Code
Ann. §
6-20-222.
6.21 Assets of Open-Enrollment
Public Charter School as Property of State
6.21.1 Upon dissolution of the
open-enrollment public charter school or upon nonrenewal or revocation of the
charter, all net assets of the openenrollment 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.
6.21.2 If the open-enrollment public charter
school used state funds to purchase or finance personal property, real
property, or fixtures for use by the openenrollment public charter school, the
Division of Elementary and Secondary Education may require that the property be
sold.
6.21.3 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.
6.22
Authorizer Hearing Procedures Related to Open-Enrollment Public Charter Schools
(Application, Renewal, or Request for Charter Amendment)
6.22.1 All persons, with the exception of the
attorneys representing the parties, who plan to provide testimony during the
hearing must be sworn by the Chair of the body conducting the
hearing.
6.22.2 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.
6.22.3 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.
6.22.3.1 Any party in opposition
that wishes to present or participate at the hearing must notify the division's
Charter School Office and the school or applicant in writing no later than ten
(10) business days prior to the hearing.
6.22.3.2 If a party in opposition intends to
use a presentation, handouts, or any other document, it must provide copies to
the Charter School Office and to the school or applicant no later than ten (10)
business days prior to the hearing.
6.22.3.3 A party in opposition that fails to
notify the Charter School Office no later than ten (10) business days prior to
the hearing may only present or participate at the hearing with the permission
of the authorizer.
6.22.4 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.
6.22.5 The authorizer
will follow the presentation with discussion of the openenrollment public
charter school application, renewal, or request, and questions, if any, to the
open-enrollment public charter school or applicant, opposing parties, or
both.
6.22.6 The authorizer may
issue a final decision at the hearing or take the matter under advisement until
a future scheduled meeting.
6.22.7
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.
6.22.8 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 Division of Elementary and Secondary 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.
6.23 Authorizer Hearing Procedures Related to
Open-Enrollment Public Charter Schools (Modification, Probation, Transfer,
Assignment, or Revocation of Charter)
6.23.1
Not later than twenty (20) days prior to the authorizer meeting at which the
matter of modification, probation, transfer, assignment, or revocation will be
considered, the Division of Elementary and Secondary 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.
6.23.2 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by the Chair of the body conducting
the hearing.
6.23.3 The
open-enrollment public charter school shall have twenty (20) minutes to present
its case to the authorizer regarding the proposed modification, probation,
transfer, assignment, or revocation of the open-enrollment public charter
school charter. The Chair of the authorizing body may grant additional time, if
necessary.
6.23.4 The authorizer
will follow the presentation with discussion of the matter and questions, if
any, to representatives from the Division of Elementary and Secondary
Education, the open-enrollment public charter school, or both.
6.23.5 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 Division of Elementary and Secondary 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 The authorizer may allow the voluntary
transfer or assignment of an openenrollment charter school upon petition by the
public charter school to the authorizer.
6.24.1 If the authorizer transfers or assigns
the charter of an open-enrollment charter school to an eligible entity, the
authorizer shall not hold the applicant responsible for any activity that
occurred before the transfer or assignment, which includes without limitation
any disciplinary action taken by the authorizer.
6.24.2 After the authorizer transfers or
assigns a charter to an eligible entity, the authorizer shall:
6.24.2.1 Direct the division to issue a new
local education agency number as required under Ark. Code Ann. §
25-6-107;
and
6.24.2.2 Direct the division
not to issue an annual report as required under Ark. Code Ann. §
6-15-2101
until the eligible entity to which the charter was transferred has completed at
least one (1) school year.
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.
6.26 Unused or Underutilized Public School
Facilities: An open-enrollment public charter school may give notice of its
intent to purchase or lease an unused or underutilized public school facility
or other real property from a school district pursuant to the Commission for
Arkansas Public School Academic Facilities and Transportation Rules Governing
Right of Access to Unused or Underutilized Public School Facilities and the
Sale or Lease of Public School Facilities.
6.26.1 If there is more than one (1)
open-enrollment public charter school located within the boundaries of the
school district, the first right of refusal shall be available to the
open-enrollment public charter school according to the following priorities:
6.26.1.1 The percentage of students who
qualify for free or reduced-price lunches;
6.26.1.2 Student growth and achievement based
on the most recently available data;
6.26.1.3 The likelihood of immediate growth
of the charter holder; and
6.26.1.4
The level of risk, as determined by the following criteria:
6.26.1.4.1 Whether the open-enrollment public
charter school has been subject to any disciplinary action by the
authorizer;
6.26.1.4.2 Whether the
open-enrollment public charter school has been classified as in fiscal distress
or in need of Level 5-- Intensive support; and
6.26.1.4.3 Whether the open-enrollment public
charter school has been placed on probation or suspended under Ark. Code Ann.
§
6-23-105
and these Rules.
6.26.2 If there is more than one (1)
open-enrollment public charter school located within the boundaries of the
school district that gives notice of its intent to purchase or lease the public
school facility, the public school district must notify each of the interested
open-enrollment public charter schools that the charter authorizer must decide
which open-enrollment public charter school will receive the property based on
a review of the comparative status of the school using the criteria listed in
Section 6.26.1.
6.26.3 Any
open-enrollment public charter school that receives notice under Section 6.26.2
of these Rules may request a hearing in front of the charter authorizer to
determine which school is entitled to the property pursuant to the criteria in
Section 6.26.1.
6.26.3.1 A request made under
Section 6.26.3 must be made in writing to the Charter School Office no later
than thirty-five (35) days prior to the date of the authorizer meeting at which
the request will be heard.
6.26.4 The charter authorizer shall determine
which open-enrollment public charter school is entitled to the property after a
review of the comparative status and educational needs of the open-enrollment
public charter schools as evidenced by the priority criteria in Section
6.26.1.
9.00
CHARTER AUTHORIZER
9.01 The designated public charter authorizer
has 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;
9.01.8 Deny;
9.01.9 Transfer; or
9.01.10 Assign.
9.02 The Division 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
division.
9.02.1 The Commissioner shall
appoint a public charter authorizing panel that may consist of individuals from
outside the division as well as professional staff employed at the division 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 authorizer 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
authorizer 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 authorizer 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 authorizer 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 Division 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 Division shall notify in writing the
State Board, charter applicant, public charter school, and affected school
districts, if any, of final decisions made by the Division no less than
fourteen (14) calendar days before the next regularly scheduled State Board
meeting after the final decision is made by the Division.
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 authorizer 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 authorizer 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.
11.00
RULES APPLICABLE TO ADULT
EDUCATION CHARTER SCHOOLS
11.01
Application for an Adult Education Charter School
11.01.1 Pursuant to Title 6, Chapter 23 of
the Arkansas Code and these rules, an eligible entity may apply to the
authorizer to grant adult education charter school status for an adult
education program that offers a curriculum that culminates in:
11.01.1.1 A high school diploma;
and
11.01.1.2 An industry
certification.
11.01.2
An adult education charter school shall be recognized by the State Board of
Education as an open-enrollment public charter school. However, an adult
education charter school is not eligible for state funding intended for
elementary and secondary districts, schools, or programs, including but not
limited to, state foundation and categorical funding.
11.01.3 An adult education charter school
does not count toward the cap for openenrollment public charter schools under
§
6-23-304(c).
11.01.4 The authorizer shall adopt an
application form, schedule, and a procedure that must be used to apply for an
adult education charter school. The State Board shall adopt any applications,
forms, schedules and procedures that are required to be promulgated through the
Administrative Procedure Act.
11.01.5 The authorizer shall adopt, in
conjunction with the application form adopted under section 11.01.4 of these
Rules, a scoring rubric that shall constitute criteria to inform the
authorizer's approval of a program for which an adult education charter may be
granted. The State Board shall adopt any rubric that is required to be
promulgated through the Administrative Procedure Act.
11.01.6 The application to the authorizer for
an adult education 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.
11.01.7 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.
11.01.8 A nonprofit entity's application for
an adult education charter school shall include, without limitation a:
11.01.8.1 History of the nonprofit entity's
success in providing education services, including industry certifications and
job placement services, to adults eighteen (18) years of age and older whose
educational and training opportunities have been limited by educational
disadvantages, disabilities, homelessness, criminal history, or similar
circumstances;
11.01.8.2 Pledge to
commit at least one million dollars ($1,000,000) to the adult education charter
school, if approved, with up to twenty-five percent (25%) of the commitment
allowed to be in-kind;
11.01.8.2.1 A nonprofit
entity that is opening an additional adult education public charter school
under Ark. Code Ann. §
6-23-1001(b)
is not required to commit one million dollars ($1,000,000) for the additional
adult education public charter school if it has already pledged to commit at
least one million dollars ($1,000,000) to an adult education charter school
under Ark. Code Ann. §
6-23-1001(b)(2)(A).
11.01.8.3 Description of any
partnership with a state-supported two year institution of higher education, if
anticipated;
11.01.8.4 Description
of testimony from a public hearing in the community where the adult education
charter school is planned;
11.01.8.5 Copy of the notice of the public
hearing that documents that the notice was published, at least three (3) weeks
before the date of the public hearing, in a newspaper having general
circulation in the community where the adult education charter school is
planned;
11.01.8.6 Comprehensive
plan of how the adult education charter school will meet the industry needs for
a sufficiently trained workforce in the state;
11.01.8.7 Strategy for engaging the
community, including business leaders, in carrying out the goals and objectives
of the adult education charter school;
11.01.8.8 Description of the proposed
performance criteria that will be used during the initial five-year period of
the charter to measure the progress of the adult education charter school in
meeting the industry needs for a sufficiently trained workforce in the
state;
11.01.8.9 Detailed budget
and governance plan for the operation of the adult education charter school;
and
11.01.8.10 List of any specific
state laws or rules of the State Board of Education from which the adult
education public charter wishes to be exempt with an explanation of why the
exemption is needed.
11.02 Authorization for an Adult Education
Charter: The authorizer shall review an application for an adult education
charter school and may approve an application that:
11.02.1 Provides an acceptable plan for
meeting the industry needs for a sufficiently trained workforce in the
state;
11.02.2 Includes a set of
performance criteria objectives for the terms of the charter and the means for
measuring the performance criteria objectives on a yearly basis;
11.02.3 Includes a comprehensive strategy for
engaging the community, including without limitation business leaders, in the
process of meeting the goals and objectives of the adult education public
charter;
11.02.4 Includes an
agreement to provide an annual report to the community that indicates the
progress made by the adult education public charter school in meeting the
performance criteria objectives during the previous year; and
11.02.5 Includes an appropriate budget and
governance plan.
11.03
Adult Education Charter School Licenses
11.03.1 A charter applicant that receives an
approved adult education charter may petition the authorizer for additional
licenses to establish an adult education charter school in any of the various
congressional districts in Arkansas if the applicant meets the following
conditions:
11.03.1.1 The approved adult
education charter applicant has demonstrated academic success as defined by the
State Board for all public schools;
11.03.1.2 The approved adult education
charter applicant has not:
11.03.1.2.1 Been
subject to any disciplinary action by the authorizer;
11.03.1.2.2 Been classified as in need of
Level 5 - Intensive Support or fiscal distress;
11.03.1.2.3 Had its adult education 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
11.03.1.2.4 The authorizer determines in
writing by a majority of a quorum present that the adult education charter
applicant has generally established the educational program results and
criteria set forth in Section 10.03 of these rules.
11.04 Resubmission of
Adult Education Charter School Applications
11.04.1 The authorizer may allow an applicant
to resubmit an application for an adult education public charter school if the
original application was, in the opinion of the authorizer deficient in one (1)
or more respects.
11.04.2 The
Division of Elementary and Secondary Education may provide technical assistance
to the applicant for an adult education public charter school in the creation
or modification of its application.
11.05 Enrollment in an Adult Education
Charter School
11.05.1 An approved adult
education charter school shall have an enrollment cap of no more than three
hundred fifty (350) students.
11.05.2 A person who is at least nineteen
(19) years of age may enroll in an adult education charter school if the person
has:
11.05.2.1 Not earned a high school
diploma;
11.05.2.2 Failed to
complete the requirements for high school graduation.
11.06 Funding for an Adult
Education Charter School
11.06.1 Funding for
an adult education charter school shall not be provided through the Public
School Fund.
11.06.2 Funding for an
adult education charter school may come from public or private sources,
including from the eligible entity that operates an adult education charter
school.
11.06.3 An adult education
charter school is not eligible to receive any state funds intended for
elementary and secondary programs.
11.07 Renewal of an Adult Education Charter:
The authorizer may renew the adult education charter on a one-year or multiyear
basis.
11.08 Status Report: The
Division of Elementary and Secondary Education shall report to the Senate
Committee on Education and the House Committee on Education by December 1 each
year concerning:
11.08.1 Evaluations of any
adult education charter schools operating under this subchapter in the state,
including the impact on meeting industry needs and addressing the workforce
needs in the state; and
11.08.2
Recommendations regarding the abolition, expansion, or modifications of the
laws pertaining to adult education charters.
11.09 Authority under a Charter for Adult
Education Charter Schools
11.09.1 An adult
education charter school:
11.09.1.1 Shall be
governed by an eligible entity that is fiscally accountable under the governing
structure as described by the charter;
11.09.1.2 Shall provide instruction to adults
as provided by the charter;
11.09.1.3 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;
11.09.1.4
Shall have no authority to impose taxes;
11.09.1.5 Shall not charge tuition or fees
that would not be allowable charges in the public school districts;
and
11.09.1.6 Shall not be
religious in its operations or programmatic offerings.
11.09.2 An adult education 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:
11.09.2.1 Monitoring compliance with Title 6
of the Arkansas Code, as determined by the Commissioner;
11.09.2.2 Public school accountability under
Title 6 of the Arkansas Code;
11.09.2.3 High school graduation requirements
as established by the State Board;
11.09.2.4 Special education programs as
provided by Title 6 of the Arkansas Code;
11.09.2.5 Conducting criminal background
checks for employees as provided by Title 6 of the Arkansas Code;
11.09.2.6 Health and safety codes as
established by the State Board and local governmental entities; and
11.09.2.7 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.
11.10 Enrollment Numbers and Deadline: Adult
education charter schools shall keep records of attendance in accordance with
the law and submit quarterly attendance reports to the Division of Elementary
and Secondary Education.
11.11
Annual Audit of Adult Education Charter School Required
11.11.1 An adult education charter school
shall prepare an annual certified audit of the financial condition and
transactions of the adult education 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.
11.12
Monthly Reports: An adult education 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 Division
of Elementary and Secondary Education.
11.13 Division of Elementary and Secondary
Education Review: The Division of Elementary and Secondary Education shall:
11.13.1 Conduct an end-of-semester review of
each adult education 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
11.13.2 Report to the State
Board and the Commissioner on the adult education charter school's:
11.13.2.1 Overall financial condition;
and
11.13.2.2 Overall condition of
student enrollment.
11.14 Use of Funding by Adult Education
Charter Schools
11.14.1 No indebtedness of any
kind incurred or created by the adult education charter school shall constitute
an indebtedness of the state or its political subdivisions, and no indebtedness
of the adult education charter school shall involve or be secured by the faith,
credit, or taxing power of the state or its political subdivisions.
11.14.2 Every contract or lease into which an
adult education charter school enters shall include the wording of Section
11.14.1 of these rules.
11.15 Charter School Facilities: An adult
education 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:
11.15.1 A certificate of
occupancy issued by a local code official approved by the state fire
marshal;
11.15.2 A certificate of
occupancy or other approval of the state fire marshal; or
11.15.3 A certificate of substantial
completion issued by a licensed architect.
11.16 Authorizer Hearing Procedures Related
to Adult Charter Schools (Application, Renewal, or Request for Charter
Amendment)
11.16.1 All persons, with the
exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by the Chair of the body conducting
the hearing.
11.16.2 The adult
education charter school or applicant shall have twenty (20) minutes to present
its case to the authorizer for approval of the proposed adult education charter
school application, renewal, or request. The Chair of the authorizing body may
grant additional time, if necessary.
11.16.3 Parties opposed to the adult
education 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 adult education charter school application, renewal, or request.
The Chair of the authorizing body may grant additional time, if necessary.
11.16.3.1 Any party in opposition that wishes
to present or participate at the hearing must notify the division's Charter
School Office and the school or applicant in writing no later than ten (10)
business days prior to the hearing.
11.16.3.2 If a party in opposition intends to
use a presentation, handouts, or any other document, it must provide copies to
the Charter School Office and to the school or applicant no later than ten (10)
business days prior to the hearing.
11.16.3.3 A party in opposition that fails to
notify the Charter School Office no later than ten (10) business days prior to
the hearing may only present or participate at the hearing with the permission
of the authorizer.
11.16.4 The adult education charter school or
applicant shall have five (5) minutes to respond to any arguments in opposition
to the adult education charter school application, renewal, or request. The
Chair of the authorizing body may grant additional time, if
necessary.
11.16.5 The authorizer
will follow the presentation with discussion of the adult education charter
school application, renewal, or request, and questions, if any, to the adult
education charter school or applicant, opposing parties, or both.
11.16.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
11.16.7 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.
11.16.8 During the roll call vote on each
adult education 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.
Note: Additional requirements pertaining to hearings involving
the Division of Elementary and Secondary 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
10.0 0 of these Rules.
11.17 Authorizer Hearing Procedures Related
to Adult Education Charter Schools (Modification, Probation or Revocation of
Charter)
11.17.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Division of Elementary and
Secondary 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
adult education charter school.
11.17.2 All persons, with the exception of
the attorneys representing the parties, who plan to provide testimony during
the hearing must be sworn by the Chair of the body conducting the
hearing.
11.17.3 The adult
education charter school shall have twenty (20) minutes to present its case to
the authorizer regarding the proposed modification, probation, or revocation of
the adult charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
11.17.4 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Division of Elementary and Secondary Education, the
adult education charter school, or both.
11.17.5 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 Division of Elementary and Secondary 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.