Ariz. Admin. Code § 7-5-203

Current through Register Vol. 30, No. 50, December 13, 2024

Section R7-5-203 - Time Frames for Granting or Denying a New Charter

A. For granting or denying a new charter, the time frames are:

1. Administrative completeness review time frame: 25 days;

2. Substantive review time frame: 175 days; and

3. Overall time frame: 200 days.

B. An applicant for a new charter shall submit to the Board an administratively complete application package by the submission deadline. An application package is complete if:

1. The application package is from the current application cycle;

2. The application package contains all the information, materials, documents, attachments, signatures, and notarizations identified in the application ;

3. All the application package's components are formatted as required ;

4. All curriculum samples address the required standard;

5. All templates are unmodified and completed; and

6. The application processing fee required under R7-5-202 is paid.

C. The administrative completeness review time frame listed in subsection (A)(1) begins the day after the Board receives an application package.

D. If an application package is administratively complete, Board staff shall send the applicant a written notice of administrative completeness.

E. If an application package is administratively incomplete, Board staff shall:

1. Send the applicant a written notice of deficiency that states the reasons the application package is administratively incomplete;

2. Administratively close the applicant's file. ; and

3. Refund the new charter application processing fee paid under R7-5-202.

F. If an applicant receives a written notice of deficiency under subsection (E) and if the submission deadline has not yet passed, the applicant may correct the deficiencies in the administratively incomplete application package and submit a new application package in the same annual application cycle by complying with R7-5-201.

G. If an applicant receives a written notice of deficiency under subsection (E) and believes the application package was erroneously designated as administratively incomplete, the applicant may submit a written request for reconsideration to the Board within 10 days after the date of the notice of deficiency.

H. An applicant that submits a written request for reconsideration under subsection (G) shall ensure the request:

1. Contains a clear statement indicating how the previously submitted application package fulfilled each of the requirements identified as deficient; and

2. Has no new or additional information, documents, or materials included or attached.

I. Within 10 days after receiving a request for reconsideration, Board staff shall review the request and:

1. Determine whether the request complies with the requirements in subsection (H) and if not, send the applicant written notice the request was not submitted properly and the applicant's file remains closed;

2. If Board staff determines the application package was erroneously designated as administratively incomplete, reopen the applicant's file and send the applicant a written notice of administrative completeness ; or

3. If Board staff determines the application package was correctly designated as administratively incomplete, send the applicant written notice the applicant's file remains closed.

J. If Board staff does not provide a notice of deficiency or administrative completeness to the applicant within the administrative completeness review time frame, the application package is deemed administratively complete.

K. The substantive review time frame listed in subsection (A)(2) begins when an application package is determined to be administratively complete. Board staff shall ensure the substantive review is conducted according to R7-5-204.

L. Within the time provided in subsection (A)(3), Board staff shall provide the applicant with written notice of the Board's decision to grant or deny a charter.

1. The Board shall deny a charter if the Board determines the application package does not meet the requirements of statute or rule or the applicant is not sufficiently qualified to operate a charter school. Board staff shall include in the written notice the basis for the denial and other information required under A.R.S. § 41-1092.03. An applicant that receives a notice of denial may:

a. Submit a new application package under R7-5-201 in a later annual application cycle; or

b. Appeal the Board's decision under A.R.S. Title 41, Chapter 6, Article 10.

2. The Board shall grant a charter if it determines that the application package meets the requirements of statute and rule and the applicant is sufficiently qualified to operate a charter school.

Ariz. Admin. Code § R7-5-203

New Section made by final rulemaking at 10 A.A.R. 1141, effective March 2, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 437, effective 4/5/2014. Amended by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.