Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal
Arkansas Code § 6-11-105; Arkansas Code § 6-23-1008; Arkansas Code § 6-23-206; Arkansas Code § 6-23-309
(a) 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:
- (1) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
- (2) Failed to satisfy generally accepted accounting standards of fiscal management;
(3) Failed to comply with:
- (A) The Arkansas Quality Charter Schools Act of 2013, Arkansas Code, § 6-23-101 et seq.; or
- (B) Other applicable law or rule; or
- (4) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.
(5)
- (A) Pursuant to the federal mandate contained in the Consolidated Appropriations Act, 2010, Pub. L. No. 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 of 1965 as a primary factor in determining whether to nonrenew or revoke a public charter school’s charter.
- (B) However, any one (1) of the circumstances listed in subdivisions(a)(1) – (a)(4) of this section may be reason enough to nonrenew or revoke a public charter school’s charter.
(b) Any action the authorizer may take under Arkansas Code § 6-23-105 and this section shall be based on:
- (1) The best interests of the public charter school’s students;
- (2) The severity of the violation; and
- (3) Any previous violation the public charter school may have committed.
(c) 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 this part as follows:
- (1) Conversion public charter schools, 6 CAR § 31-301 et seq.;
- (2) Open-enrollment public charter schools, 6 CAR § 31-401 et seq.; and
- (3) Adult education public charter schools, 6 CAR § 31-901 et seq.
- (d) There is no further right of appeal beyond the determination of the authorizer except as set forth in 6 CAR § 31-701 and 6 CAR § 31-702.
- (e) The Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall not apply to any hearing concerning a public charter school.