Ariz. Admin. Code § 7-5-205

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

Section R7-5-205 - Execution of a New Charter

A. After the Board decides to grant a new charter but before the charter is signed, the applicant shall submit to the Board the following:

1. A completed I.R.S. Form W-9, Request for Taxpayer Identification Number and Certification, obtained from the Department or online at https://www.irs.gov/pub/irs-pdf/fw9.pdf;

2. The following information for each charter school approved for educational use:

a. Certificate of occupancy ; and

b. Fire marshal report ; or

c. If either the certificate of occupancy or fire marshal report is not available, a completed Occupancy Compliance Assurance and Understanding form obtained from the Board;

3. A completed General Statement of Assurances form obtained from the Department;

4. A statement indicating where all public notices of meetings will be posted as required under A.R.S. § 38-431.02; and

5. A copy of the lease agreement or other documentation of a secured charter school facility for each charter school.

B. The Board President or designee and authorized representative of the applicant shall sign the charter within 12 months after the Board's decision to grant the charter.

1. If the charter is not timely signed, the Board's decision to grant the new charter expires unless the applicant applies for and is granted a good-cause extension to execute the charter under R7-5-206.

2. If an applicant that is granted a new charter but does not timely sign the charter and does not obtain a good-cause extension wants to obtain a new charter, the applicant shall apply again under R7-5-201 in a later annual application cycle.

C. A charter holder shall begin providing educational instruction no later than the second fiscal year after the Board's decision to grant the charter unless the charter holder is granted a good-cause extension to execute a charter under R7-5-206 or good-cause suspension of a charter under R7-5-207.

1. A charter holder that is granted a good-cause extension to execute a charter under R7-5-206 or good-cause suspension of a charter under R7-5-207 shall begin providing educational instruction no later than the third fiscal year after the Board's decision to grant the charter.

2. If a charter holder does not begin providing educational instruction as required under subsection (C) or (C)(1), the Board shall issue the charter holder a notice of intent to revoke the charter in accordance with A.R.S. § 15-183(I).

D. At least 10 days before beginning to provide educational instruction, a charter holder shall submit to the Board the following written proof that the charter school is in compliance with federal, state, and local laws relating to health, safety, civil rights, and insurance :

1. Charter school contact information;

2. Insurance policy binder issued by an insurance company licensed to do business in Arizona;

3. County health certificate for each charter school at which students will be taught;

4. Evidence of a public meeting, required by A.R.S. § 15-183(C)(7), at least 30 days before the charter holder opens a charter school;

5. Certificate of attendance of the charter representative or principal at the special education training for new charters offered by the Department; and

6. Any other documents required to demonstrate compliance with federal, state, and local laws relating to health, safety, civil rights, and insurance.

E. If a charter holder submitted an Occupancy Compliance Assurance and Understanding form under subsection (A)(2), the Board shall not advise the Department to initiate state aid funding until Board staff determines the required certificate of occupancy and fire marshal report submissions are complete and sufficient.

F. A new charter is effective upon signing by both parties for 15 years beginning on the date stated in the charter, unless revoked under A.R.S. § 15-183(I).

Ariz. Admin. Code § R7-5-205

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). 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.