Ariz. Admin. Code § 7-5-601

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

Section R7-5-601 - Charter Oversight: General Provisions

A. Before the Board determines a charter holder is not in compliance with its charter, other contractual agreements with the Board, federal or state laws, or this Chapter and decides whether to impose charter oversight, the Board shall provide notice to the charter holder.

B. The Board shall provide the charter holder with at least 72-hours' notice of the date, time, and location of the meeting at which the Board will decide whether to impose charter oversight. The Board shall include in the notice the purpose of the meeting and why the Board is considering imposing charter oversight.

C. In determining the appropriate charter oversight action to take, the Board shall consider the following, as applicable:

1. Threat to the health or safety of children;

2. Whether the charter holder's historical compliance record indicates repeated or multiple breaches of the provisions of its charter, other contractual agreements with the Board, federal or state laws, or this Chapter;

3. Whether the charter holder has failed to meet the minimum academic performance expectations specified under R7-5-401;

4. Length of time the issue has been occurring;

5. The charter holder's compliance with and response to Board investigation by providing necessary information and documentation within requested time frames;

6. Whether there has been a misuse of funds; and

7. Any other factor that bears on the charter holder's ability and willingness to comply with its charter, other contractual agreements with the Board, federal and state laws, and this Chapter.

D. Charter oversight actions available to the Board include, but are not limited to the following:

1. Imposing a civil penalty, as authorized under A.R.S. § 15-185 and described under R7-5-604;

2. Requesting the Department withhold up to 10 percent of a charter holder's monthly state aid as authorized under A.R.S. § 15-185 and described under R7-5-605 and requiring the charter holder to submit a CAP as described under R7-5-510;

3. Entering into a consent agreement with a charter holder as described under R7-5-606;

4. Issuing a notice of intent to revoke a charter as authorized under A.R.S. § 15-183 and described under R7-5-607. and

5. Revoking a charter as authorized under A.R.S. § 15-183 and described under R7-5-607.

Ariz. Admin. Code § R7-5-601

Renumbered from R7-5-304 by final rulemaking at 23 A.A.R. 693, effective 5/6/2017.