(b) 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:

1. (1) The percentage of students who qualify for free or reduced-price lunches;
2. (2) Student growth and achievement based on the most recently available data;
3. (3) The likelihood of immediate growth of the charter holder; and

4. (4) The level of risk, as determined by the following criteria:

   1. (A) Whether the open-enrollment public charter school has been subject to any disciplinary action by the authorizer;
   2. (B) Whether the open-enrollment public charter school has been classified as in fiscal distress or in need of Level 5 — Intensive support; and
   3. (C) Whether the open-enrollment public charter school has been placed on probation or suspended under:

(i) Arkansas Code § 6-23-105; and

1. (ii) This part.

   1. (c) 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 subsection (b) of this section.

      1. (d)
2. (1) Any open-enrollment public charter school that receives notice under subsection (c) of this section may request a hearing in front of the charter authorizer to determine which school is entitled to the property pursuant to the criteria in subsection (b) of this section.
3. (2) A request made under this subsection 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.