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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
charter schools; fingerprinting; renewal; revocation
Purpose
Eliminates the authorization for a charter school to apply for early renewal. Requires a charter sponsor (sponsor) to provide a charter holder with 30 days to remedy the reasons for a determination of intent to revoke the charter before adoption, except in specified circumstances, and modifies notice requirements. Requires outlined individuals affiliated with a charter school to obtain a fingerprint clearance card.
Background
Charter schools are public schools operated through a charter between a charter holder and a sponsor. A sponsor may contract with a public body, private person or private organization to establish a charter school and has oversight and administrative responsibility for the charter schools it sponsors. The charter of a charter school must meet outlined requirements, including providing for a governing body that is responsible for the school's policy decisions.
A charter for a
charter school is effective for 15 years and renewable for successive
20-year periods. At least 18 months before charter expiration, the sponsor must
notify the charter school that the school may apply for renewal and a charter
school must complete the renewal application at least 15 months before the
charter expires. A sponsor must give written notice of intent not to renew at
least 12 months before charter expiration.
A charter operator may apply for early renewal. The operator must submit to the sponsor a letter of intent to apply for early renewal at least 9 months before the charter school's intended renewal consideration. The sponsor must review the school's annual fiscal audits and academic performance data, review the current contract and provide a renewal application and give written notice of consideration of the renewal application. A sponsor may deny an early renewal request or at any time revoke a charter, if the sponsor judges that the charter holder failed to: 1) meet or make sufficient progress toward academic performance expectations; 2) meet the operational and financial performance expectations in the performance framework or any improvement plans; or 3) complete contract obligations or comply with Arizona law.
A sponsor must give at least a 60-day written notice of intent to revoke that includes the reasons for proposed revocation. The sponsor must allow the school at least 60 days to remedy the problems and final determination must be made at a public hearing (A.R.S. § 15-183).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the authorization for a charter operator to apply for early renewal.
2. Eliminates the early renewal process, review requirements and criteria for denial of the request for early renewal.
3. Requires a sponsor to provide a charter holder with at least 30 days before the sponsor adopts the determination of intent to revoke to address any necessary or applicable problems associated with the reason or reasons for adopting a determination of intent to revoke.
4. Exempts a sponsor from the 30-day remedy period requirement if the reason or reasons:
a) cannot be remedied, including failure to submit required financial audits; or
b) are for a matter of health or safety.
5. Removes the 60-day time frame before the effective date of a proposed revocation by which a sponsor must provide the charter holder with the notice of intent to revoke.
6. Allows an intent-to-revoke notice to be provided electronically or by U.S. mail and specifies that the notice is effective on the date of email or if sent by mail, the earlier of receipt by the charter holder or within five days after the notice is mailed.
7. Requires a determination of whether to proceed to revocation, rather than a determination of whether to revoke the charter, to be made at a public meeting called for that purpose.
8. Requires all charter representatives, charter school governing body members and charter holder officers, directors, members and partners to obtain a valid fingerprint clearance card.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
House Action
ED 1/25/22 DP 10-0-0-1
3rd Read 2/3/22 59-0-1
Prepared by Senate Research
March 18, 2022
LB/slp