Ariz. Admin. Code § 7-5-207

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

Section R7-5-207 - Good-cause Suspension of a New Charter

A. Before the first day of the fiscal year in which a charter holder must begin providing educational instruction, the charter holder, if eligible under subsection (B), may submit to the Board a written request for a good-cause suspension of the charter.

B. A charter holder is eligible to apply for a good-cause suspension of the charter if:

1. The charter holder has not been granted a good-cause extension to execute the charter,

2. The charter holder has not begun providing educational instruction under the charter, and

3. The charter holder has not received or has returned state equalization or other state or federal funding for which provision of instruction is a requirement of receipt.

C. The charter holder shall ensure the written request for a good-cause suspension of a charter:

1. Explains and provides evidence for why the charter holder is unable to implement the plans contained in the application package and begin providing educational instruction as required under R7-5-205(C);

2. Explains the charter holder's new timeline for implementing the plans contained in the application package and why the new timeline is viable and adequate to enable the charter holder to operate a charter school in accordance with the charter and performance expectations established by the Board ; and

3. Provides clear and specific action steps with target completion dates that will enable the charter holder to implement the plans contained in the application package in accordance with the new timeline and the requirements of R7-5-205(C)(1).

D. The Board shall grant a good-cause suspension of a charter if the charter holder demonstrates good cause. When deciding whether the charter holder demonstrates good cause , the Board shall consider:

1. Whether the charter holder is eligible under subsection (B) for a good-cause suspension of a charter;

2. The timeliness of the request for a good-cause suspension of a charter and the proposed extension date;

3. The viability of the charter holder's new timeline for implementing the plans contained in the application package;

4. Whether the new timeline is adequate to begin providing educational instruction as required under R7-5-205(C)(1) and complies with the plans contained in the application package;

5. The circumstances the charter holder indicates affected the charter holder's ability to begin providing educational instruction as required under R7-5-205(C);

6. Whether there have been changes in the principals of the charter holder; and

7. The extent to which the charter holder is in compliance with all applicable federal, state, and local laws and terms of the charter.

E. The Board shall not grant more than one good-cause suspension of a particular charter to any charter holder.

F. A charter holder granted a good-cause suspension of the charter shall not apply to receive any state equalization or other state or federal funding for which provision of instruction is a requirement of receipt until the fiscal year in which the charter holder plans to begin providing educational instruction. The holder of a suspended charter shall promptly return any funding it receives before the fiscal year in which it begins providing educational instruction.

G. A charter holder granted a good-cause suspension of a charter shall begin providing educational instruction as required by R7-5-205(C). If a charter holder does not begin providing educational instruction as required, the Board shall issue the charter holder a notice of intent to revoke the charter in accordance with A.R.S. § 15-183(I).

Ariz. Admin. Code § R7-5-207

New section made 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.