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2017 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 23 - Arkansas Quality Charter Schools Act of 2013
Subchapter 7 - Public Charter School Authorizer
§ 6-23-701. Designated public charter authorizer
Universal Citation: AR Code § 6-23-701 (2017)
- (a) The Department of 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) Approve;
- (2) Reject;
- (3) Renew;
- (4) Non-renew;
- (5) Place on probation;
- (6) Modify;
- (7) Revoke; or
- (8) Deny.
- (b)
- (1) The department shall exercise authority over public charter schools under this chapter through a public charter authorizing panel established within the department.
- (2)
- (A) The Commissioner of Education shall appoint a public charter authorizing panel that may consist of individuals from outside the department as well as professional staff employed at the department to serve at the pleasure of the commissioner.
- (B) The commissioner may elect to serve as a member on the charter authorizing panel as the chair.
- (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.
- (c) The department may waive provisions of Title 6 or State Board of Education rules as allowed by law for public charters.
- (d)
- (1) The department 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)
- (A) A hearing under this chapter conducted by the department shall be an open meeting under the Freedom of Information Act of 1967, § 25-19-106.
- (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)
- (A) All decisions of the panel shall be made by majority vote of the quorum.
- (B) A decision of the department is final except as provided under § 6-23-703.
- (4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.
- (e) The department shall be the primary authorizer of public charters except as provided under § 6-23-703.
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