(1) The Superintendent may initiate corrective action as described in this rule if an authorizer:
- (a) fails to develop and implement a process meeting minimum standards for authorizing charter schools as described in Rule R277-552;
- (b) fails to develop and implement a process meeting minimum standards for charter school oversight monitoring as described in Rule R277-553; or
- (c) fails to comply with statute or Board rule.
- (2) For each authorizer subject to corrective action, the Superintendent shall design and implement a consistent monitoring plan.
(3) The Superintendent shall clearly outline in a corrective action plan:
- (a) all areas of noncompliance;
- (b) steps required to satisfy the corrective action plan; and
- (c) a reasonable time frame for an authorizer to correct identified issues.
(4) In addition to the requirements of Subsection (3), a corrective action plan may include provision and a timeline for:
- (a) referral for monitoring by a Board section;
- (b) referral for monitoring to the Board's internal audit department, with approval of the Board's Audit Committee;
- (c) periodic meetings between a recipient administrator or governing board member and the Superintendent or a member of the Superintendency;
- (d) planned appearances before the Board to provide status updates; and
- (e) training for the authorizer's staff.
(5) The Superintendent may employ escalating restrictive conditions in a corrective action plan based on:
- (a) the severity of the violation; or
- (b) repeated violations by an authorizer.
- (6) The Superintendent may include penalties for non-compliance with a corrective action plan in accordance with Subsection 53E-3-401(8).
(7) The Superintendent shall give notice and a copy of the corrective action plan in writing to:
- (a) the authorizer's administrators; and
- (b) the authorizer's governing board.
- (8) The Superintendent shall notify an authorizer of changes to a corrective action plan.
- (9) The Superintendent shall report to the Board monthly about the status of noncompliant authorizers.
KEY: charter schools, corrective action
Date of Last Change: January 9, 2019
Notice of Continuation: October 16, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53G-5-205