1. A. The Board shall ensure an administratively complete application package for a new charter is reviewed as follows:

   1. 1. The Technical Review Panel shall score an application package using the evaluation criteria identified in the application to determine whether the application package meets the Board’s requirements.

   2. 2. The Technical Review Panel shall assign an application package a score of “Meets the Criteria,” “Approaches the Criteria,” or “Falls below the Criteria” for each evaluation criterion.

      1. a. The Technical Review Panel shall score an evaluation criterion “Meets the Criteria” when the application section within which that evaluation criterion is identified:

         1. i. Addresses the evaluation criterion fully with specific and accurate information;
         2. ii. Reflects a thorough understanding of the evaluation criterion; and
         3. iii. Is clear and coherent.

      2. b. The Technical Review Panel shall score an evaluation criterion “Approaches the Criteria” when the application section within which that evaluation criterion is identified:

         1. i. Addresses the evaluation criterion partially or lacks specific and accurate information for some aspect of the evaluation criterion;
         2. ii. Presents a partial understanding of the evaluation criterion; or
         3. iii. Is not clear and coherent.
      3. c. The Technical Review Panel shall score an evaluation criterion “Falls below the Criteria” when the application section within which that evaluation criterion is identified fails to address the evaluation criterion.

   3. 3. An application package meets the Board’s requirements if:

      1. a. No evaluation criterion is scored “Falls below the Criteria;”
      2. b. No more than one evaluation criterion in each application section is scored “Approaches the Criteria;” and
      3. c. At least 95 percent of the evaluation criteria in the educational plan, operational plan, and business plan is scored “Meets the Criteria.”

2. B. Board staff shall conduct a background and credit check of each principal and authorized representative of the applicant and determine whether each principal and authorized representative possesses a valid fingerprint clearance card issued by the State of Arizona.

   If an issue arises during the background and credit check of any principal or authorized representative, Board staff shall provide the principal or authorized representative written notice of the issue and an opportunity to provide a written response addressing the issue. The Board shall consider information obtained from the background and credit check when making the decision to grant or deny a new charter.

3. C. If an application package fails to meet the Board’s requirements specified under subsection (A)(3), Board staff shall provide written notice to the applicant. Board staff shall include in the notice:

   1. 1. The reasons the application package failed to meet the Board’s requirements;
   2. 2. Comments of the Technical Review Panel, which will serve as technical assistance and suggestions for improving the application package; and
   3. 3. The options specified under subsection (D).

4. D. If an applicant receives notice under subsection (C), the applicant may, within 20 days of the date of notice, submit to the Board:

   1. 1. A revised application package, or
   2. 2. A written request that the previously submitted and scored application package be forwarded to the Board.
5. E. If an applicant that receives notice under subsection (C) fails to act under subsection (D), Board staff shall close the applicant’s file. An applicant whose file is closed and wants to obtain a new charter shall apply again under R7-5-201 in a later annual application cycle.

6. F. If an applicant submits a revised application package under subsection (D), the Technical Review Panel shall score the revised application package as specified under subsection (A).

   If the revised application package fails to meet the Board’s requirements as specified under subsection (A)(3), Board staff shall provide written notice to the applicant of the intent to close the file. Board staff shall include with the notice the comments of the Technical Review Panel.

7. G. An applicant that receives notice under subsection (F) may, within 20 days after the date of notice, submit a written request that the revised application package be forwarded to the Board.

   If a written request is not submitted, Board staff shall close the applicant’s file. An applicant whose file is closed and wants to obtain a new charter shall apply again under R7-5-201 in a later annual application cycle.

8. H. At least 30 days before the last Board meeting before the substantive review time frame expires, and within 90 days after determining an application package meets the Board’s requirements under subsection (A)(3) or receiving an applicant’s request under subsection (D)(2) or (G), the principals and authorized representative of the applicant shall make themselves available for an in-person interview with two or more members of the Technical Review Panel. In the interview, the members of the Technical Review Panel shall assess:

   1. 1. The applicant’s understanding of the components presented in the application package;
   2. 2. The applicant’s capacity to implement a plan to operate a charter school in accordance with the performance expectations established by the Board;
   3. 3. The applicant’s clarification of any issue revealed in the course of the due diligence process for the applicant any principal, authorized representative, or Education Service Provider; and
   4. 4. Any other factor relevant to determining whether the applicant is sufficiently qualified to operate a charter school.

9. I. Board staff shall provide an applicant with at least seven days written notice of the date, time, and place of the meeting at which the Board will consider the applicant’s application package and determine d whether to grant or deny a new charter to the applicant.

   1. 1. The application package;
   2. 2. The scoring rubric completed by the Technical Review Panel;
   3. 3. The results of the in-person interview of the applicant’s principals and authorized representative;
   4. 4. Information obtained through d investigation and verification of the employment, experience, and education backgrounds, fingerprint clearance card, and creditworthiness of each principal and authorized representative of the applicant;
   5. 5. Information concerning any current or former charter operations for any principal, authorized representative, or Education Service Provider of the applicant;
   6. 6. Board staff report; and
   7. 7. Testimony presented at the Board meeting.

   The Board shall use the following information to determine whether the applicant is sufficiently qualified to operate a charter school:

10. J. After the Board meeting held under subsection (I), Board staff shall provide written notice to the applicant regarding the Board’s decision to grant or deny a new charter to the applicant. If the Board denies a new charter to the applicant, the Board shall include the information required under A.R.S. § 41-1092.03 in the written notice.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 12 A.A.R. 577, effective February 7, 2006 (Supp. 06-1). Section R7-5-204 renumbered to Section R7-5-205; new Section R7-5-204 renumbered from R7-5-203 and amended by final rulemaking at 20 A.A.R. 437, effective April 5, 2014 (Supp. 14-1). Amended by final rulemaking at 23 A.A.R. 693, effective May 6, 2017 (Supp. 17-1).