(a) 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:
- (1) Approve;
- (2) Reject;
- (3) Renew;
- (4) Nonrenew;
- (5) Place on probation;
- (6) Modify;
- (7) Revoke;
- (8) Deny;
- (9) Transfer; or
- (10) Assign.
(b)
- (1) The Division of Elementary and Secondary Education shall exercise authority over public charter schools under the Arkansas Quality Charter Schools Act of 2013, Arkansas Code § 6-23-101 et seq., and this part through a public charter authorizing panel established within the division.
- (2) The Commissioner of Elementary and Secondary Education 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.
- (3) The commissioner may elect to serve as a member on the charter authorizing panel as the chair.
(4) The public charter authorizing panel is composed of an odd number of members and consists of:
- (A) No less than five (5) members; and
- (B) No more than eleven (11) members.
- (c) 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.
(d)
(1) The authorizer shall:
- (A) Conduct all hearings on public charter school matters as required by law, rule, and process; and
- (B) Make final determinations as allowed by law.
- (2) A hearing under the Arkansas Quality Charter Schools Act of 2013 and this part conducted by the authorizer shall be an open meeting under the Freedom of Information Act of 1967, Arkansas Code § 25-19-106.
(3) For the purposes of the Freedom of Information Act of 1967, the members of the public charter authorizing panel shall be considered a governing body only in regards to actions specifically authorized by:
- (A) Arkansas Code § 6-23-701 et seq.; and
- (B) This part.
- (4) All decisions of the panel shall be made by a majority vote of the quorum.
(5) A decision of the authorizer is final except as provided under:
- (A) Arkansas Code § 6-23-703; and
- (B) 6 CAR § 31-702.
- (6) The Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.
(e) The division shall be the primary authorizer of public charters except as provided under:
- (1) Arkansas Code § 6-23-703; and
- (2) 6 CAR § 31-702.
(f)
- (1) 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.
(2) 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:
- (A) Arkansas Code § 6-23-703; and
- (B) 6 CAR § 31-702.
- (3) The written request submitted under subdivision (f)(2) of this section shall state the specific reasons supporting a review by the state board.
(4) 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 Arkansas Code § 6-23-703 do not grant any right of appeal to a:
- (A) Charter applicant;
- (B) Public charter school; or
- (C) Affected school district.