Designated public charter authorizer

  1. Law
  2. Arkansas Code
  3. Education
  4. Elementary and Secondary Education Generally
  5. Arkansas Quality Charter Schools Act of 2013
  6. Public Charter School Authorizer
  7. Designated public charter authorizer

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  1. (a) The Division of Elementary and Secondary Education is the designated public charter authorizer with jurisdiction and authority over all public charters issued in this state to take the following action on a proposed or established public charter:

    1. (1) Approve;

    2. (2) Reject;

    3. (3) Renew;

    4. (4) Nonrenew;

    5. (5) Place on probation;

    6. (6) Modify;

    7. (7) Revoke;

    8. (8) Deny;

    9. (9) Transfer; or

    10. (10) Assign.

  2. (b)

    1. (1) The division shall exercise authority over public charter schools under this chapter through a public charter authorizing panel established within the division.

    2. (2)

      1. (A) The Commissioner of Elementary and Secondary Education shall appoint a public charter authorizing panel that may consist of individuals from outside the division as well as professional staff employed at the division to serve at the pleasure of the commissioner.

      2. (B) The commissioner may elect to serve as a member on the charter authorizing panel as the chair.

    3. (3) The public charter authorizing panel is composed of an odd number of members and consists of no less than five (5) members and no more than eleven (11) members.

  3. (c) The division may waive provisions of this title or State Board of Education rules as allowed by law for public charters.

  4. (d)

    1. (1) The division shall conduct all hearings on public charter school matters as required by law, rule, and process and make final determinations as allowed by law.

    2. (2)

      1. (A) A hearing under this chapter conducted by the division shall be an open meeting under § 25-19-106.

      2. (B) For the purposes of § 25-19-106, the members of the public charter authorizing panel shall be considered a governing body only in regard to actions specifically authorized by this subchapter.

    3. (3)

      1. (A) All decisions of the panel shall be made by majority vote of the quorum.

      2. (B) A decision of the division is final except as provided under § 6-23-703.

    4. (4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.

  5. (e) The division shall be the primary authorizer of public charters except as provided under § 6-23-703.


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