10.01 If a charter applicant, public charter school, or affected districts submits a request that the State Board review the final decision of the authorizer under Section 9.06.1 of these rules, the State Board shall:
10.01.1 Allow the party requesting review three (3) minutes to present the reasons for review.
10.01.2 Allow any parties opposed to the State Board review three (3) minutes to present the reasons to deny review.
10.01.3 Allow the party requesting review one (1) minute to offer any closing remarks.
10.01.4 Allow additional time at the discretion of the Chair.
10.02 On a motion approved by a majority vote, the State Board may exercise a right of review of charter determination made by the charter authorizer at the next regularly scheduled State Board meeting after receiving notice provided under Ark. Code Ann. § 6-23-702(b) and Section 9.06 of these rules.
10.03 If the State Board votes to review a final decision made by the
charter authorizer, the State Board shall:
10.03.1 State the specific additional information the State Board requires from the Division, public charter school, public charter school applicant, or affected school district.
10.03.2 Conduct a full hearing regarding a final decision made by the authorizer under Ark. Code Ann. § 6-23-701(a) and Section 9.04 of these Rules; and
10.03.3 Hold the hearing at the earlier of:
10.03.3.1 The next regularly scheduled State Board meeting following the State Board meeting during which the State Board voted to authorize a review; or
10.03.3.2 A special board meeting called by the State Board.
10.04 At the conclusion of the hearing, the State Board may issue a final decision by State Board vote.
10.04.1 The State Board may decide by a majority vote of the quorum to:
10.04.1.1 Affirm the decision of the authorizer;
10.04.1.2 Take other lawful action on the public charter;
10.04.1.3 Request additional information from the Division, public charter school, public charter school applicant, or affected school district, if needed.
10.04.1.4 If the State Board requests additional information under Ark. Code Ann. § 6-23-703(c)(2)(C)(i) or Section 10.03.1 of these Rules, the State Board shall hold a subsequent hearing at the earlier of the next regularly scheduled State Board meeting or a special board meeting called by the State Board.
10.04.2 A decision made by the State Board is final with no right of appeal.
Credits
Adopted Oct. 17, 2013. Amended May 12, 2016; March 3, 2020; May 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.24-10.00, AR ADC 005.28.24-10.00
