11.01.1 Pursuant to Title 6, Chapter 23 of the Arkansas Code and these rules, an eligible entity may apply to the authorizer to grant adult education charter school status for an adult education program that offers a curriculum that culminates in:

11.01.1.1 A high school diploma; and

11.01.1.2 An industry certification.

11.01.2 An adult education charter school shall be recognized by the State Board of Education as an open-enrollment public charter school. However, an adult education charter school is not eligible for state funding intended for elementary and secondary districts, schools, or programs, including but not limited to, state foundation and categorical funding.

11.01.3 An adult education charter school does not count toward the cap for open-enrollment public charter schools under § 6-23-304(c).

11.01.4 The authorizer shall adopt an application form, schedule, and a procedure that must be used to apply for an adult education charter school. The State Board shall adopt any applications, forms, schedules and procedures that are required to be promulgated through the Administrative Procedure Act.

11.01.5 The authorizer shall adopt, in conjunction with the application form adopted under section 11.01.4 of these Rules, a scoring rubric that shall constitute criteria to inform the authorizer's approval of a program for which an adult education charter may be granted. The State Board shall adopt any rubric that is required to be promulgated through the Administrative Procedure Act.

11.01.6 The application to the authorizer for an adult education charter school shall be made in accordance with a schedule approved by the authorizer. The State Board shall adopt any schedule that is required to be promulgated through the Administrative Procedure Act.

11.01.7 The application form must provide space for including all information required under Title 6, Chapter 23 and these rules to be contained in the charter.

11.01.8 A nonprofit entity's application for an adult education charter school shall include, without limitation a:

11.01.8.1 History of the nonprofit entity's success in providing education services, including industry certifications and job placement services, to adults eighteen (18) years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar circumstances;

11.01.8.2 Pledge to commit at least one million dollars ($1,000,000) to the adult education charter school, if approved, with up to twenty-five percent (25%) of the commitment allowed to be in-kind;

11.01.8.2.1 A nonprofit entity that is opening an additional adult education public charter school under Ark. Code Ann. § 6-23-1001(b) is not required to commit one million dollars ($1,000,000) for the additional adult education public charter school if it has already pledged to commit at least one million dollars ($1,000,000) to an adult education charter school under Ark. Code Ann. § 6-23-1001(b)(2)(A).

11.01.8.3 Description of any partnership with a state-supported two year institution of higher education, if anticipated;

11.01.8.4 Description of testimony from a public hearing in the community where the adult education charter school is planned;

11.01.8.5 Copy of the notice of the public hearing that documents that the notice was published, at least three (3) weeks before the date of the public hearing, in a newspaper having general circulation in the community where the adult education charter school is planned;

11.01.8.6 Comprehensive plan of how the adult education charter school will meet the industry needs for a sufficiently trained workforce in the state;

11.01.8.7 Strategy for engaging the community, including business leaders, in carrying out the goals and objectives of the adult education charter school;

11.01.8.8 Description of the proposed performance criteria that will be used during the initial five-year period of the charter to measure the progress of the adult education charter school in meeting the industry needs for a sufficiently trained workforce in the state;

11.01.8.9 Detailed budget and governance plan for the operation of the adult education charter school; and

11.01.8.10 List of any specific state laws or rules of the State Board of Education from which the adult education public charter wishes to be exempt with an explanation of why the exemption is needed.

11.02.1 Provides an acceptable plan for meeting the industry needs for a sufficiently trained workforce in the state;

11.02.2 Includes a set of performance criteria objectives for the terms of the charter and the means for measuring the performance criteria objectives on a yearly basis;

11.02.3 Includes a comprehensive strategy for engaging the community, including without limitation business leaders, in the process of meeting the goals and objectives of the adult education public charter;

11.02.4 Includes an agreement to provide an annual report to the community that indicates the progress made by the adult education public charter school in meeting the performance criteria objectives during the previous year; and

11.02.5 Includes an appropriate budget and governance plan.

11.03.1 A charter applicant that receives an approved adult education charter may petition the authorizer for additional licenses to establish an adult education charter school in any of the various congressional districts in Arkansas if the applicant meets the following conditions:

11.03.1.1 The approved adult education charter applicant has demonstrated academic success as defined by the State Board for all public schools;

11.03.1.2 The approved adult education charter applicant has not:

11.03.1.2.1 Been subject to any disciplinary action by the authorizer;

11.03.1.2.2 Been classified as in need of Level 5 -- Intensive Support or fiscal distress;

11.03.1.2.3 Had its adult education charter placed on charter school probation or suspended or revoked under Ark. Code Ann. § 6-23-105 or Section 4.03 of these rules; and

11.03.1.2.4 The authorizer determines in writing by a majority of a quorum present that the adult education charter applicant has generally established the educational program results and criteria set forth in Section 10.03 of these rules.

11.04.1 The authorizer may allow an applicant to resubmit an application for an adult education public charter school if the original application was, in the opinion of the authorizer deficient in one (1) or more respects.

11.04.2 The Division of Elementary and Secondary Education may provide technical assistance to the applicant for an adult education public charter school in the creation or modification of its application.

11.05.1 An approved adult education charter school shall have an enrollment cap of no more than three hundred fifty (350) students.

11.05.2 A person who is at least nineteen (19) years of age may enroll in an adult education charter school if the person has:

11.05.2.1 Not earned a high school diploma;

11.05.2.2 Failed to complete the requirements for high school graduation.

11.06.1 Funding for an adult education charter school shall not be provided through the Public School Fund.

11.06.2 Funding for an adult education charter school may come from public or private sources, including from the eligible entity that operates an adult education charter school.

11.06.3 An adult education charter school is not eligible to receive any state funds intended for elementary and secondary programs.

11.08.1 Evaluations of any adult education charter schools operating under this subchapter in the state, including the impact on meeting industry needs and addressing the workforce needs in the state; and

11.08.2 Recommendations regarding the abolition, expansion, or modifications of the laws pertaining to adult education charters.

11.09.1 An adult education charter school:

11.09.1.1 Shall be governed by an eligible entity that is fiscally accountable under the governing structure as described by the charter;

11.09.1.2 Shall provide instruction to adults as provided by the charter;

11.09.1.3 Shall retain the authority to operate under the charter contingent on satisfactory student performance as provided by the charter in accordance with Title 6, Chapter 23 of the Arkansas Code and these rules;

11.09.1.4 Shall have no authority to impose taxes;

11.09.1.5 Shall not charge tuition or fees that would not be allowable charges in the public school districts; and

11.09.1.6 Shall not be religious in its operations or programmatic offerings.

11.09.2 An adult education charter school is subject to any prohibition, restriction, or requirement imposed by Title 6 of the Arkansas Code and any rule and regulation promulgated by the State Board under Title 6 of the Arkansas Code relating to:

11.09.2.1 Monitoring compliance with Title 6 of the Arkansas Code, as determined by the Commissioner;

11.09.2.2 Public school accountability under Title 6 of the Arkansas Code;

11.09.2.3 High school graduation requirements as established by the State Board;

11.09.2.4 Special education programs as provided by Title 6 of the Arkansas Code;

11.09.2.5 Conducting criminal background checks for employees as provided by Title 6 of the Arkansas Code;

11.09.2.6 Health and safety codes as established by the State Board and local governmental entities; and

11.09.2.7 Ethical guidelines and prohibitions as established by Ark. Code Ann. § 6-24-101 et seq., and any other controlling state or federal law regarding ethics or conflicts of interest.

11.11.1 An adult education charter school shall prepare an annual certified audit of the financial condition and transactions of the adult education charter school as of June 30 each year in accordance with auditing standards generally accepted in the United States and Government Auditing Standards issued by the Comptroller General of the United States, and containing any other data as determined by the State Board for all public schools.

11.13.1 Conduct an end-of-semester review of each adult education charter school that is in its initial school year of operation at the end of the first semester and at the end of the school year; and

11.13.2 Report to the State Board and the Commissioner on the adult education charter school's:

11.13.2.1 Overall financial condition; and

11.13.2.2 Overall condition of student enrollment.

11.14.1 No indebtedness of any kind incurred or created by the adult education charter school shall constitute an indebtedness of the state or its political subdivisions, and no indebtedness of the adult education charter school shall involve or be secured by the faith, credit, or taxing power of the state or its political subdivisions.

11.14.2 Every contract or lease into which an adult education charter school enters shall include the wording of Section 11.14.1 of these rules.

11.15.1 A certificate of occupancy issued by a local code official approved by the state fire marshal;

11.15.2 A certificate of occupancy or other approval of the state fire marshal; or

11.15.3 A certificate of substantial completion issued by a licensed architect.

11.16.1 All persons, with the exception of the attorneys representing the parties, who plan to provide testimony during the hearing must be sworn by the Chair of the body conducting the hearing.

11.16.2 The adult education charter school or applicant shall have twenty (20) minutes to present its case to the authorizer for approval of the proposed adult education charter school application, renewal, or request. The Chair of the authorizing body may grant additional time, if necessary.

11.16.3 Parties opposed to the adult education charter school application, renewal, or request, if any, shall have twenty (20) minutes to present its case to the authorizer for disapproval of the proposed adult education charter school application, renewal, or request. The Chair of the authorizing body may grant additional time, if necessary.

11.16.3.1 Any party in opposition that wishes to present or participate at the hearing must notify the division's Charter School Office and the school or applicant in writing no later than ten (10) business days prior to the hearing.

11.16.3.2 If a party in opposition intends to use a presentation, handouts, or any other document, it must provide copies to the Charter School Office and to the school or applicant no later than ten (10) business days prior to the hearing.

11.16.3.3 A party in opposition that fails to notify the Charter School Office no later than ten (10) business days prior to the hearing may only present or participate at the hearing with the permission of the authorizer.

11.16.4 The adult education charter school or applicant shall have five (5) minutes to respond to any arguments in opposition to the adult education charter school application, renewal, or request. The Chair of the authorizing body may grant additional time, if necessary.

11.16.5 The authorizer will follow the presentation with discussion of the adult education charter school application, renewal, or request, and questions, if any, to the adult education charter school or applicant, opposing parties, or both.

11.16.6 The authorizer may issue a final decision at the hearing or take the matter under advisement until a future scheduled meeting.

11.16.7 The authorizer may defer the vote to approve or disapprove a charter application, renewal, or request in order to allow a public charter school or applicant to make modifications or receive technical assistance to correct deficiencies in the application, renewal, or request.

11.16.8 During the roll call vote on each adult education charter initial application, if a particular member of the authorizing body votes against the initial application, that member should state his or her reasons for disapproval.

11.17.1 Not later than twenty (20) days prior to the authorizer meeting at which the matter of modification, probation or revocation will be considered, the Division of Elementary and Secondary Education shall provide written notice of the reason(s) for the proposed action, as well as of the time and location of such hearing, to the adult education charter school.

11.17.2 All persons, with the exception of the attorneys representing the parties, who plan to provide testimony during the hearing must be sworn by the Chair of the body conducting the hearing.

11.17.3 The adult education charter school shall have twenty (20) minutes to present its case to the authorizer regarding the proposed modification, probation, or revocation of the adult charter school charter. The Chair of the authorizing body may grant additional time, if necessary.

11.17.4 The authorizer will follow the presentation with discussion of the matter and questions, if any, to representatives from the Division of Elementary and Secondary Education, the adult education charter school, or both.

11.17.5 The authorizer may issue a final decision at the hearing or take the matter under advisement until a future scheduled meeting.