(a)

1. (1) Pursuant to the Arkansas Quality Charter Schools Act of 2013, Arkansas Code § 6-23-101 et seq., and this part, an eligible entity may apply to the authorizer to grant a charter for an open-enrollment public charter school to operate in a facility of a:

   1. (A) Commercial or nonprofit entity; or
   2. (B) Public school district.
2. (2) As noted in 6 CAR § 31-417(k), 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.

(b)

1. (1) The authorizer shall adopt an application form, schedule, and a procedure that must be used to apply for an open-enrollment public charter school.
2. (2) The State Board of Education shall adopt any applications, forms, schedules, and procedures that are required to be promulgated through the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(c)

1. (1) The authorizer shall adopt, in conjunction with the application form adopted under subsection (b) of this section, a scoring rubric that shall constitute criteria to inform the authorizer’s approval of a program for which an open-enrollment public charter may be granted.
2. (2) The state board shall adopt any rubric that is required to be promulgated through the Arkansas Administrative Procedure Act.

(d)

1. (1) The application to the authorizer for an open-enrollment public charter school shall be made in accordance with a schedule approved by the authorizer.
2. (2) The state board shall adopt any schedule that is required to be promulgated through the Arkansas Administrative Procedure Act.

(f) The application for an open-enrollment public charter school shall:

1. (1)

   1. (A) 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.
   2. (B)

(i) 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.

1. (ii) The last publication of notice shall be no less than seven (7) days before the public meeting.

   1. (iii) The notice shall not be published in the classified or legal notice section of the newspaper;

   2. (C) Within seven (7) calendar days following the first publication of notice required under subdivision (f)(1)(B) of this section, letters announcing the public hearing shall be sent to the:

      1. (i) Superintendent of each of the public school districts from which the open-enrollment public charter school is likely to draw students for the purpose of enrollment; and
      2. (ii) 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.
   3. (D) 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;
2. (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 Arkansas Code § 6-15-3002;
3. (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;
4. (4) List the specific provisions of Title 6 of the Arkansas Code and the specific rules promulgated by the state board from which the open-enrollment public charter school seeks to be exempted;

5. (5)

   1. (A) 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.
   2. (B) If the facility to be used for an open-enrollment 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 open-enrollment public charter school and the public school district.
   3. (C) If the facility that will be used for the open-enrollment 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. (6) Include a detailed budget and a governance plan for the operation of the open-enrollment public charter school; and

7. (7) If the school wishes the authorizer to designate it as a community school, as defined by Arkansas Code § 6-15-3002:

   1. (A) Include a request to be designated as a community school; and
   2. (B) Include a community school plan, as defined by Arkansas Code § 6-15-3002, which must contain without limitation an initial plan for serving student needs.

(g) Review and approval by the local school board.

1. (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.
2. (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.
3. (3) The applicant may submit to the authorizer for expedited review an application approved by the local school board under subdivision (g)(1) of this section.
4. (4) If the local school board disapproves the application, or if the local school board takes no action in the time allowed by subdivision (g)(2) of this section, the applicant shall have an immediate right to proceed with a written notice of appeal to the authorizer.
5. (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. (6) All interested parties may:

   1. (A) Appear at the hearing; and
   2. (B) Present relevant information regarding the application.