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6-23-105. Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-105. Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal.
(a)(1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school:
(A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
(B) Failed to satisfy generally accepted accounting standards of fiscal management;
(C) Failed to comply with this chapter or other applicable law or rule; or
(D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.
(2) The charter authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the charter authorizer.
(3)(A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity under subdivision (a)(1) of this section, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer.
(B) After the authorizer transfers or assigns a charter to an eligible entity under subdivision (a)(1) of this section, the authorizer shall:
(i) Issue a new local education agency number as required under § 25-6-107; and
(ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.
(b) Any action the authorizer may take under this section shall be based on the best interest
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-23-105
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a15d372ca4a1919e50f44900f2ddb38b98f9c0691131af24c7ff8aabeb25ab17
Source location: content.xml paragraph 26169
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6-23-105. Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal.
(a)(1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school:
(A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
(B) Failed to satisfy generally accepted accounting standards of fiscal management;
(C) Failed to comply with this chapter or other applicable law or rule; or
(D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.
(2) The charter authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the charter authorizer.
(3)(A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity under subdivision (a)(1) of this section, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer.
(B) After the authorizer transfers or assigns a charter to an eligible entity under subdivision (a)(1) of this section, the authorizer shall:
(i) Issue a new local education agency number as required under § 25-6-107; and
(ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.
(b) Any action the authorizer may take under this section shall be based on the best interests of the public charter school's students, the severity of the violation, and any previous violation the public charter school may have committed.
(c) The authorizer shall adopt a procedure to be used for placing a public charter school on probation or modifying, revoking, transferring, assigning, or denying renewal of the school's charter.
(d)(1) The procedure adopted under this section shall provide an opportunity for a hearing to the persons operating the public charter school.
(2)(A) The hearing shall be held at the Division of Elementary and Secondary Education.
(B) The authorizer shall provide sufficient written notice of the time and location of the hearing.
(3) There is no further right of appeal beyond the determination of the authorizer.
(4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.
(e)(1)(A) Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment charter school shall:
(i) Transfer to the division all state funds held by the public charter school, which the division shall hold in receivership; and
(ii) Provide to the division a detailed accounting of all accounts payable due from the state funds and any additional information or records requested by the division concerning the disbursement of the state funds.
(B) The division shall hold funds received under subdivision (e)(1)(A) of this section in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education.
(C) If the State Board of Education reverses the revocation, transfer, or assignment, the division shall return any funds remaining in receivership to the public charter school.
(2)(A) The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds.
(B) The determination of the division concerning the disbursement of the state funds is final and may not be appealed.
(3) If funds remain in receivership for which no legitimate, documented claim has been made to the division within one (1) calendar year after the revocation, the remaining funds shall be transferred to the Public School Fund.
(4) The state board may promulgate rules to implement this subsection.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-6-107. Local education agency numbers.
(a)(1) The Division of Elementary and Secondary Education is the sole and official issuer of local education agency numbers to educational entities in the state.
(2) These numbers shall be issued, activated, deactivated, or changed according to the annual schedule and in a format established by the division.
(b) Notwithstanding any other provision of law, an educational entity shall not be recognized as a public school district or entitled to the rights and privileges of a school district solely because the educational entity has been assigned a local education agency number.
(c) The State Board of Education shall adopt the necessary rules to fully implement this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-6-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-6-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-15-2101. School rating system — Annual reports.
(a)(1) The Division of Elementary and Secondary Education shall prepare annual reports of the results of the statewide assessment program that describe student achievement in each school district and each school in the state and the school performance category levels under § 6-15-2103.
(2) The division shall prescribe the design and content of these reports that shall include without limitation descriptions of achievement of all schools participating in any assessment program and all of their major student populations as determined by the division, provided that the provisions of § 6-15-2909 pertaining to student records apply to this section.
(3) Annual school performance reports shall be:
(A) Made available in hard copy to all parents or guardians;
(B) Posted on the division's website;
(C) Posted on the local school district's website; and
(D) Published by the local school district in the local newspaper.
(b)(1) The division shall provide information regarding performance of students and educational programs as required under §§ 6-15-2907 and 6-15-2301 and implement a system of school reports as required by statute and State Board of Education rule.
(2) Annual school performance reports shall be in an easy-to-read format.
(c) The annual report shall separately list the following measures by school:
(1) Student performance on statewide student assessments as required by law or rule of the state board;
(2) Student academic growth based on statewide student assessments as required by law or rule of the state board;
(3) For a secondary school, the school's graduation rate; and
(4) Any other criteria required by law or by rule of the state board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-15-2101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-15-2101. This identifies an authority to review, not proof of applicability.